Senate President Bukola Saraki (L) and Deputy Senate President Ike Ekweremadu, during their arraignment at the FCT High Court on allegations of forgery and conspiracy, in Jabi-Abuja on Monday (27/6/16). 4645/27/6/2016/JAU/BJO/NAN |
The Federal Government will rely on the testimony of 15 witnesses,
among them Senators and National Assembly bureaucrats, at the trial of
the President of the Senate, Bukola Saraki, his deputy, Ike Ekweremadu
and other alleged conspirators over the ongoing case of alleged forgery.
Messrs. Saraki and Ekweremadu, alongside the former Clerk to the
National Assembly, Salisu Maikasuwa and his deputy, Benedict Efeturi,
are accused of forging the Senate Standing Rules with which the upper
chamber’s presiding officers were elected last year.
The four accused persons were on June 27 arraigned before Justice
Haliru Yusuf of the Federal Capital Territory High Court, Jabi, on a
two-count charge of conspiracy and forgery, contrary to Sections 97 and
362 of the Penal Code Law respectively.
They were however granted bail before the court adjourned its proceedings to July 12.
Prosecution’s case against Saraki and his alleged conspirators
According to court documents, “it is the
prosecution’s case against the defendants that sometimes about the 9th
day of June, 2015, the defendants conspired among themselves to forge
and indeed actually forged the Senate Standing Order 2011 (as amended)
and caused the said forged document to be circulated among elected
senators for use during the inauguration of the 8thSenate of the National Assembly of the Federal Republic of Nigeria.”
The document – prosecution’s case summary – was signed by a Principal
State Counsel, D.E Kaswe on behalf of the Minister of Justice and
Attorney-General of the Federation, Abubakar Malami, and is among
documents filed before the Abuja High Court.
“It is the forged document that was used in the inauguration of the 8th
National Assembly which paved the way for the election that ushered in
the present leadership of the Senate,” added the document.
Lawyers in the case say that the government planned to
prove its case by tendering the 2011 and 2015 rules before the court
before then proceeding to call 14 witnesses who statements had already
been filed.
Fourteen witnesses and what they will tell the court
1. Suleiman Hukunyi – He is the secretary of
the Unity Forum, the Senate caucus consisting of All Progressives
Congress lawmakers who opposed the election of Mr. Saraki, preferring
Ahmed Lawan instead. Days after the election of Messrs Saraki and
Ekweremadu as the Senate presiding officers, he petitioned the Inspector
General of Police, demanding criminal investigation into the allegation
of forgery of Senate Rules. The main thrust of the petition which would
later land Mr. Saraki and his alleged conspirators in trouble was that
the Standing Rules used for 2015 inauguration “purports to allow for
secret instead of the open ballot system that has been prevalent in all
Senate elections as permitted by the extant rules.” The infraction, he
told the Police, arose from the “fraudulent production of rules without
an approved consideration by the 7th Senate.”
Mr. Hukunyi, according prosecution’s documents, including proof of
evidence filed before the court, will testify how the “forged” Rules
were distributed to the Senators and also “tender some exhibits.”
2. Ita Enang – Now presidential senior assistant on Senate matters, he was in the 7thSenate,
representing Akwa Ibom North, and serving as the Chairman of the Rules
and Business. In January, he was accused of complicity in the “missing”
2016 budget during the budget impasse. Specifically, he was accused of
“doctoring” the budget proposal which had earlier been presented by
President Muhammadu Buhari.
In the forgery suit brought against the Senate leaders, he “will tell
the court the position of the Senate Standing Order 2011 vis a vis
purported Standing Order 2015.” Further, the Federal Government will
rely on him to testify that the “proposal for the amendment of the 2011
Senate Standing Order was neither considered nor adopted.”
3. Solomon Ewuga – He was a member of the 7thSenate. He did not return to the 8th
Senate, having pursued a failed governorship ambition in Nasarawa
State. He is expected to “tell the court what he knows of the Senate
Standing Order 2011” and “shall testify that the 7th Senate did not amend the 2011 Senate Standing Order.
4. Ogozy Nma – A National Assembly bureaucrat
who is the Secretary Committee on Rules and Business. The Rules and
Business Committee is regarded as the “life wire” of the legislature as
it is responsible for scheduling of legislative businesses, including
amendment of rules. By virtue of Mr. Nma’s schedules, the Federal
Government wants him to tell the court “what he knows of the forged
Senate Standing Order.” He might be required to tender some exhibits in
court.
5. Daniel Adem – He is the Secretary of the
Directorate of Legal Services of the National Assembly. He will also
tell the court what he knows of the Senate Standing Order.
6. Dan’Azumi Doma – He led the investigation
of the alleged conspiracy and forgery as the Deputy Inspector General of
Police in charge of CIID. He will tell the court how the case was
investigated and the outcome of the investigation. In his report, he had
said the Senate Rules were actually altered with valid procedures
stipulated by the extant rules that are the 2011 Rules. He will most
likely tender the police investigative report before the court.
7. Ahmed Lawan – He was supported by the APC
leadership to contest the Senate leadership position against Mr. Saraki.
He was defeated. And Mr. Saraki refused to appoint him Senate Leader as
demanded by the leadership of the ruling APC. In his statement to the
police, he said, “The procedures for election into the two presiding
offices are clearly stipulated in Order 2 (2(i) of the Senate Standing
Rules 2011. That contrary to the provision of the above order, the Clerk
to the National Assembly introduced and used order 3(3) e (ii) of the
purported 2015 Standing Order”. He will therefore inform the court “that
the Senate Standing Order 2011 was never amended”.
8. Abdullahi Gumel – A serving Senator who
supported Mr. Lawan’s ambition as member of the Unity Forum, will inform
the court that he was given the 2011 Rules during the induction course
of the 8th Assembly, yet a “forged” 2015 Rules was used for the inauguration of the 8thAssembly days after the induction course.
9. Kabiru Marafa – The Zamfara Central Senator
is Mr. Saraki’s most outspoken and harshest critic in the Senate. On
different occasions, he asked Mr. Saraki to resign to “save the image of
the Senate” or that his colleagues should impeach him (Mr. Saraki) in
view of the Senate President’s corruption trial at the Code of Conduct
Tribunal. The Federal Government wants him to inform the court that the
2011 Rules were never amended to prove that the 2015 Rules were altered
“without procedure.”
10. Gbenga Ashafa – The Lagos Senator will inform the 7th
Senate did not amend the Rules, thereby stating that 2015 Rules used
for election of Messrs Saraki and Ekweremadu was not valid, and as such
the election was null and void.
11. Ajayi Boroffice – The Ondo Senator known as
loyalist of former Lagos Governor Bola Tinubu will also inform the court
that Senate Standing Order 2011 was never amended.
12. Abu Ibrahim – He was the Deputy Minority Whip in the 7th
Senate. He will also inform the court the document was not amended. It
should be noted that he was part of the leadership of the 7thSenate which, according to Mr. Efeturi, passed the order to “amend” the Senate Rules.
13. David Igbodo – He is an Assistant
Commissioner of Police who was part of the investigation. He will also
inform the court how the case was investigated and the outcome of the
investigation.
14. Babafemi Ojudu – He is a presidential adviser on political matter and served in the 7th Senate, representing Ekiti Central. He will inform the court that the 7th Senate, of which he was member, did not amend the 2011 Rules.
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