Forgery Case Against Saraki, Ekweremadu And Others To Commence Tomorrow.

We are admonished by our parents and leaders to eschew from cheating and all other form of malpractices during examination in our schools. They preached to us the virtues of being a good and hardworking student. But, how do we explain the situation whereby the third most powerful person in land, in the person of the Senate President is being accused of cheating and falsifying document. Are our leaders practicing what they preached or just goading us with moral mumbo-jumbo?

The case of the Senate President, Dr. Bukola Saraki, his deputy and others over the allegations of forgery of the 2015 Senate Standing Orders used for the proclamation of the current Senate which commences tomorrow will be a test case that will likely reshape the leadership of the hollow chamber of the Senate.

Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) said the decision to prosecute the senate helmsmen was consequent upon the recommendations of the police which investigated allegations of forgery levelled against the duo. Malami denied allegations that the move was politically motivated.

Consequently, Malami gave the Director of Public Prosecutions of the Federation and the police a directive to prefer charges against those who allegedly forged the Senate Standing Orders used for the proclamation of the current Senate.

The defendants in the case were Alhaji Salisu Maikasuwa, erstwhile Clerk of the National Assembly; Benedict Efeturi, the erstwhile Clerk of the Senate; Senator Olubukola Saraki and his deputy, Senator Ike Ekweremadu. They are being charged for alleged commitment of the offence of conspiracy, punishable under Section 97 (1) of the Penal Code. They are also being charged with the weighty offence of forgery, contrary to Section 362 of the Penal Code Law.

The list of witnesses being brought forward by the prosecution include: Senator Suleiman Othma Hunkuyi, Senator Kabiru Marafa, Senator Ita Enang, Senator Solomon Ewuga, Senator Gbenga Ashafa, Senator Robert Boroffice, Senator Ahmed Lawan, Senator Abdullahi Gumel, Senator Abu Ibrahim and Senator Babafemi Ojudu, who were all either former or serving Senators.

Other witnesses are Dr. Ogozy Nma, the clerk of the Senate Rules and Business Committee; Mr. O. J. Adem, Police DIG, Dan Azumi Doma and ACP David Igbodo.

The crux of the case

According to the processes filed before the court by the prosecutors, the particulars of the offence are: “That you, Salisu Abubakar Maikasuwa, Benedict Efeturi, Olubukola Saraki and Ike Ekweremadu on or about the 9th of June, 2016, at the National Asssembly Complex, Abuja within the jurisdiction of this honourable court, with fraudulent intent, forged the Senate Standing Order 2011 (as amended), causing it to be believed as the genuine Standing Order 2015 and circulated same for use during the inauguration of the 8th Senate of the National Assembly of the Federal Republic of Nigeria, when you knew that the said Order was not made in compliance with the procedure for amendment of the Senate Order, you thereby committed an offence punishable under Section 364 of the Penal Code Law.”

It is being alleged that the 2011 version of the Senate Orders was secretly altered by some individuals to produce the 2015 edition. There are also allegations that Rules 3 (3) (e) and (k) in the 2015 edition of the orders were not amended in accordance with the provisions of Rule 110 (1) (2) (3) (4) (5) of the 2011 Orders.

While the 2011 Order Rule 3 (3) (e) provides for manual voting and open ballot in the election of the Senate President and the Deputy Senate President, the 2015 Orders allow electronic and secret ballot voting in the said elections.

Also, while Rule 3 (3) (k) of the 2011 Order makes it mandatory for all members to participate in the process of electing the Senate President and Deputy Senate President, the reverse is the case in the 2015 Orders.

According to 2011 Orders, Rule 3 (3) (k): “All Senators-elect shall participate in the nomination and voting for President and Deputy President of the Senate.” However, a similar provision in Rule 3 (3) (i) in the 2015 Orders reads, “All Senator-elect are entitled to participate in the voting for Senate President and Deputy Senate President.”

Some have insinuated that this case is solely an effort geared towards changing the leadership of the Senate but the Attorney General of the Federation differs. According to the AGF, it is wrong to assume that the main objective of the whole exercise is about discrediting the emergence of the current Senate leadership.

“Forgery of the Senate Standing Rules cannot be described as the internal business of the National Assembly that is exclusively only in its purview. The Attorney General of the Federation cannot, therefore, be faulted for his decision to initiate legal actions against the accused for alleged forgery after a thorough police investigation of the issue,” he said recently.