Mediating Between Presidency of the Legislative and Executive Arms

MEDIATING BETWEEN PRESIDENCY OF THE LEGISLATIVE AND EXECUTIVE ARMS

     Since the inception of the 8^th Senate penultimate year, precisely on 9^th June 2015, the chamber is obviously enmeshed in a protracted quagmire that has succeeded in causing a division among its overall members. The two outstanding groups – the Unity Forum and the Like Minds that doggedly tussled toward securing the leadership of the chamber, which saw the emergence of Sen Bukola Saraki as the Senate President alongside his deputy, Sen Ike Ekweremadu, are still at loggerheads over alleged forgery of the Senate Standing Rules.

     Reports over allegations of alteration or illicit amendment of the Senate Standing Rules, which have gone viral, have been generating untold ripples in the Nigerian political sphere since the emergence of the duo as the presiding officers of the Red Chamber of the National Assembly (NASS). The replacement of the existing open voting system with the ‘secret’ voting system, among other alleged amendments made to the said rules, recently set the ball rolling for the prosecution of the duo on alleged conspiracy and forgery.

     The forgery suit against Senators Saraki and Ekweremadu, which equally involved the outgoing clerk to the NASS – Alhaji Salisu Maikasuwa and his deputy – Mr Ben Efeturi, as was signed by the Principal State Counsel of the Federal Ministry of Justice, Mr D.E. Kaswe reads thus, ‘That you, on or about June 9, 2015, with fraudulent intent, forged the Senate Standing Orders 2011 (as amended) causing it to be believed as the genuine Standing Orders 2015 and circulated same for use during the inauguration of the 8^th Senate when you knew that the said order was not made in compliance with the procedure for the amendment of the Senate orders. You thereby committed an offence punishable under Section 364 of the Penal Code Laws’.

     It would be recalled that the current leaders of the Senate was elected based on the Senate Standing Orders 2015, as amended, which contain provisions that differ from the 2011 Order submitted to the 8^th Senate. It’s also noteworthy that the crisis rocking the upper chamber of the NASS originated from the bitterly contested leadership tussle between the camps of Sen Bukola Saraki and Sen Ahmad Lawan.

     Hence, following the dramatic controversial emergence of the former as President of the Senate, the Senate ‘Unity Forum’ led by the latter frantically alleged that the victor’s camp known as the ‘Like Minds’ connived with some bureaucrats in the NASS to illicitly alter the Senate rule with the sole intent of dubiously ensuring its victory. In view of this, the Unity Forum reported the alleged forgery of the rule to the police for onward thorough investigation.

     Notwithstanding, this critique was occasioned by the lingering accusations from the embattled Presidency of the legislative arm that the Presidency of the executive arm is being incited by a certain cabal against the welfare of the NASS in its entirety. Though the accused body has debunked the rumour in its totality, the accusers insisted that the accusation was beyond denial owing to its ‘obvious’ nature. The rift has so far constituted an unending rumpus, thereby degenerating into a nauseous circumstance.

     The executive arm’s Presidency ably led by President Mohammadu Buhari had further urged the lawmakers to openly mention names of the politicians that constitute the perceived cabal toward quenching the ongoing pandemonium which is overheating the polity, but the lawmakers have rather chosen to remain mute as regards the request. The legislators must note that they represent the most sensitive arm among the three existing arms of the Nigerian government, thus must avoid any issue liable to yield any unwarranted attention or side-attraction.

     One may boldly inquire why Nigerian politicians would invariably come up with one blame or excuse, or the other, whenever they are being arraigned or undergoing prosecution. Conspicuously, in the contemporary Nigerian society, the issue of frivolous allegations or counter-allegations whenever one is found culpable isn’t peculiar to these embattled senators. An average Nigerian politician would always find a way to cover up a crime allegedly committed by him/her even before he/she is docked, thereby making the public be of the notion that serving a verdict for any high-profile case is far-fetched. 

     The last time I checked, anyone who truly means well for Nigeria needn’t be told that the case in question concerns every Nigerian, both home and abroad, considering the fact that anything that affects the legislature directly affects the overall country and everyone who has interest in it. Undoubtedly, the legislative arm remains the backbone of any democratic setting; in other words, the institution cannot be possibly overlooked when issues relating to governance are being discussed.

     Since the rule of law is expected to prevail at all cost, the interest of every right thinking individual is that the awaited verdict ought to be served as soon as possible in order to save the country from a prolonged suspense, which has been the usual pattern in the Nigeria’s judicial system. Ceteris paribus, as it stands, the judiciary arm is meant to be the mediator between the warring legislative and executive arms.

     It’s true that if one is found culpable regarding any crime, he/she deserves to be arrested and thereafter arraigned in a relevant court of competent jurisdiction, unless in a situation where the accused person enjoys an immunity till he/she leaves office. To this end, I see nothing wrong in arraigning Sen Saraki and his deputy taking into cognizance that the reason for which they are being prosecuted is reasonable, thus acceptable. So, they are expected to defend themselves in the court instead of pointing accusing fingers at someone or a group.

     My fear remains the judiciary. We’re not unaware that same Sen Saraki is being tried by the Code of Conduct Tribunal (CCT). The judicial custodians involved in the trial promised Nigerians that the defendant would be tried on a daily basis towards fast-tracking the prosecution; till date, we’re still awaiting fulfillment of the pledge. Now, we’re discussing an alleged forgery and conspiracy while the other case is still pending. At this juncture, any rational being is required to ask if we’re really headed for the right direction. For crying out very loud, we can’t continue to indulge ourselves in retrogressive matters.

     The judiciary needn’t be informed that the ongoing prosecution as regards the leaders of the NASS requires a speedy hearing for the interest of our democracy and the awaited governance. It’s understandable that neither Saraki nor Ekweremadu is willing to resign; hence, as long as this court proceeding lingers, the Nigerian democracy will remain in a state of jeopardy, and we know what that portrays.

     On its part, the All Progressives Congress (APC), which has an upper hand in calling these politicians to order, ought to at this point, act like a father rather than behaving like a sibling. The party’s leadership must acknowledge that the Nigeria’s future presently lies in its bare hands. Suffice it to say that they are expected to intervene in the misunderstanding with the sole intent of settling the differences. They need to note that any miscalculation from them would give the opposition in the NASS an advantage to override them.

     Most importantly, as wailing takes place in most quarters in regard to the aforesaid ordeal, I enjoin every stakeholder, irrespective of party affiliation, to have the interest of this country at heart, because Nigeria cannot afford further crisis in addition to the already existing ones. Think about it!  

Comr Fred Doc Nwaozor

(TheMediaAmbassador)

-Researcher, Blogger, Public Affairs analyst & Civil Rights activist-

Chief Executive Director, Centre for Counselling, Research

& Career Development - Owerri

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