The interest of the 8th Senate under the leadership of Senate President Bukola Saraki in the success of the administration of President Muhammadu Buhari is lately being called into question by a succession of events, which have portrayed the upper legislature as intransigent.
Infact, the various developments in the Senate, which have equally generated a lot of controversies, have left many Nigerians wondering whether the dominant party in the red chamber is the ruling All Progressives Congress or the opposition Peoples Democratic Party.
The Senate was some time ago accused of working at cross-purposes with the President Buhari-led Executive and allegedly even making efforts to “suffocate” it. This accusation was, however, immediately debunked by Saraki and his men, who pledged their support for the success of the government.
But despite this, many political watchers and analysts are of the opinion that such a tongue-in-cheek promise of support coming from the Senate should not be taken seriously by the Executive.
Perhaps, to send a clear signal to the Presidency that they had had enough of the alleged insults being hauled at them by its appointees and the infractions some of its functionaries had been flagrantly committing against the legislature, the Senators made up their minds yet again to “deal” with the Executive last week
According to them, the recent antics displayed by the Senators have underscored the fact that they either have little knowledge of their positions as lawmakers or are ignorant of the powers they wield, as they have become somewhat unbending over certain requests by the Presidency.
Aside from their insistence that the Customs Comptroller General, Col. Hameed Ali (rtd) and the Secretary to the Government of the Federation, David Babachir must appear before them, the Senators last week continued with their “mean streaks”, generating concerns amongst Nigerians, especially the supporters of the Buhari government.
The Senate’s suspension of its former leader, Senator Ali Ndume, for six months took all by surprise! His sin: Failing to succeed in his calls for the investigation of both the Senate President for alleged illegal importation of cars and Senator Dino Melaye for alleged certificate forgery.
The decision of the Senate to heavily sanction Ndume for allegedly making false allegations against his colleagues was sequel to the presentation of a report by the Chairman, Senate Committee on Ethics, Privileges and Public Petitions, Senator Samuel Anyanwu.
As if this was not enough, within the same week, the Senate also summoned the Chairman of the Presidential Advisory Committee Against Corruption, Prof. Itse Sagay, over what it described as his “uncomplimentary” remarks after it suspended Senator Ndume for allegedly making false allegations against Saraki and Melaye.
According to the Senate, Sagay owed the legislators some explanations for allegedly saying that the upper chamber was “filled with people of questionable character, who put personal interest ahead of the nation”.
The lawmakers also challenged the professor of jurisprudence to name the questionable characters in the Senate.
Their resolution followed a motion of privilege by the Senate Deputy Leader, Bala Na’Allah, from Kebbi South, who told the Senate that Sagay infringed on his integrity, character and privilege as a Senator.
Na’Allah referred to a publication by a national daily, which quoted Sagay as describing the Senate’s action calling on Buhari to sack Magu in two weeks as childish and irresponsible.
The Senator said, “For somebody in Itse Sagay’s position to call this Senate irresponsible and that we are childish and persons of questionable character, it behoves on this Senate to call upon him to appear before the Ethics and Privileges committee to say who are of questionable integrity, because we came here by name and he should name names and Nigerians are entitled to know and we should know the basis of that.
“We will argue about this matter here and there, but in conclusion, the public will have the benefit of knowing where the irresponsibility lies and I hope I have made my point.”
Senate Leader Ahmed Lawan (Yobe North), who also felt maligned by Sagay’s alleged comments, said, “I believe that if there is anything that this administration needs, it’s cordiality, a relationship between the Legislature and the Executive. It, therefore behoves every presidential aide from ministers to the least in the ladder, to behave responsibly to encourage and sustain the very cordial relationship between the National Assembly and the administration. Mr. President, we are elected people just like the President is an elected President.”
Perhaps, to send a clear signal to the Presidency that they had had enough of the alleged insults being hauled at them by its appointees and the infractions some of its functionaries had been flagrantly committing against the legislature, the Senators made up their minds yet again to “deal” with the Executive last week, when it decided not to approve the 27 persons nominated as the Independent National Electoral Commission’s Resident Electoral Commissioners over what they described as President Buhari’s refusal to sack the rejected Acting Chairman of the Economic and Financial Crimes Commission, Mr. Ibrahim Magu.
Recall that twice the Senate had rejected Magu’s confirmation as the substantive boss of the anti-graft agency, following reports from the Department of State Services that he failed its integrity test and was, therefore, not fit to head the EFCC.
Although there have been a torrent of comments after the Senate rejected Magu for the second time about the need for Buhari to substitute the acting EFCC boss with another nominee for the substantive chairmanship position, the President has rather not taken any action to that effect.
Recall also that the ComptrollerGeneral of the Nigeria Customs Service, Mr. Hameed Ali, had refused to honour Senate’s invitation to explain a Customs’ planned policy on payment of import duties on old vehicles on Nigerian roads. Similarly, that the Secretary to the Government of the Federation, Mr. Babachir Lawal, had equally refused to honour Senate’s invitation to explain his role in an alleged grass cutting fraud involving him.
But to underscore its grievances against the President, the Senate, during penultimate Tuesday’s plenary, stepped down the confirmation of the newly appointed INEC RECs, claiming that some members of the Executive planned to bring the hallowed legislative chambers to ridicule.
“If the Senate is ridiculed, our institution has been ridiculed. We will try as much as possible to promote this institution,” said Senator Anyanwu.
“Let’s hear from Buhari on Magu’s case. Magu is terrorising us, because we disqualified him,” stated Senator Francis Alimikhena.
Deputy Senate President, Ike Ekweremadu, who asked the Senate President, Bukola Saraki, to convey the feelings of the lawmakers to the President, added, “There’s a timeframe to stand down the confirmation.”
When Senator Saraki eventually put the question to his colleagues, the unanimous resolution was that the confirmation of the INEC RECs be stepped down for two weeks. Following this development, political analysts have continued to opine that there’s a dire need for the President to find a way to court the Senate in order not to put his government in jeopardy.
opardy. Commenting on the logjam, a foremost political analyst, Charles Ofoji, maintained that President Buhari’s initial stand on the controversial election in the Senate, which saw Saraki emerge as the Senate President, was the genesis of the current brouhaha.
According to Ofoji, “It has now turned out that the monster President Muhammdau Buhari failed to destroy is becoming his nemesis.
“For a President, who coasted to power on the promise of change, I had watched the inexperience at democratic governance or naivety exhibited by Mr. Buhari, when he thought he was boasting, saying that he was not interested in who emerged as leaders of the legislature.
“There is due process for the selection of leaders of the National Assembly and I will not interfere in that process … I am prepared to work with any leaders that the House or Senate selects….It doesn’t matter who the person is or where he or she is from, Buhari had said.
hroned logic. How could a President say he was careless about who controlled an arm of government that has the power to rubbish his Presidency or even cut his reign to pieces with the sword of impeachment?
“You promised change and should know that you are no longer a dictator. It, therefore, means that you need good laws to deliver on your promise. Now, how can you effect change with a man like Bukola Saraki as Senate President? How could a man who is one of the people, who profited from Nigeria the way it is, allow you to change the status-quo?
“The case of Mr. Ibrahim Magu, Acting Chairman, Economic and Financial Crimes Commission (EFCC) stands out. Twice Buhari sent his name to senate for approval as substantive chairman and twice the Saraki-led Senate rejected him – on the flimsy excuse of a negative security report, notwithstanding the fact that Magu has done fairly well as EFCC chairman, though there is the accusation in some quarters that he is an apostle of selective justice.
postle of selective justice. Continuing, the political analyst said, “Ndume’s only sin was that, as a representative of a senatorial zone, he had called for the investigation of the allegations against the Senate President bearing on non-payment of import duties on an SUV and a certificate forgery leveled against Senator Dino Melaye, representing Kogi-West.
“The purported suspension of Ndume is the height of impunity by the Saraki-led Senate. It is an infringement on the right of free speech of Mr. Ndume as a senator and that of the constituents he represents in the Senate. I will encourage him to seek legal redress.
“The Saraki-led Senate has been insulting Nigerians with its series of illegalities and pettiness so much so that the Chairman of the Presidential Advisory Committee Against Corruption, Prof. Itse Sagay (SAN), described the senators as being childish and irresponsible. In this era of summoning anyone and everyone, even for merely coughing, the Senators have also summoned the learned jurist.
“I heap the blame on Buhari. He failed to take control, as the leader of the ruling party, from the beginning. And, up till now, he is still not in control.”
Human rights activist and lawyer, Mr. Femi Falana, on his part called on the executive arm of government to terminate the “rein of impunity” in the national assembly.
Falana, in his reaction, said that the Senate’s refusal to consider the appointment of the 27 INEC RECs because of President Buhari’s alleged reluctance to sack Magu as acting EFCC chairman was an act of impunity.
“Pursuant to the powers conferred on it under Section 3 (2) of the Economic and Financial Crimes Commission Act, 2004, the Senate has refused to confirm the appointment of Mr. Ibrahim Magu as the substantive chairman of the (EFCC). “However, President Buhari has decided to allow Mr. Magu to continue to head the EFCC in an acting capacity.
The decision of the President cannot be faulted by virtue of Section 171 (1) (d) of the Constitution, which provides that the President is vested with the power to appoint the head of any extra ministerial department to hold office in an acting capacity. Such appointment does not require the confirmation of the Senate.
“Completely aggrieved by the decision of the President to exercise his constitutional powers in the circumstance, the Senate has decided not to confirm the 27 newly appointed resident electoral commissioners until Mr. Magu has been removed from office.
“In asking for the removal of Mr. Magu, the Senate said that the antigraft czar had been terrorising them. Should the Senate resort to such cheap blackmail because the embattled EFCC helmsman has refused to compromise the prosecution and investigation of about 15 senators alleged to have been involved in serious economic and financial crimes?
Why should the Senate President, Dr. Bukola Saraki, not be terrorised for the criminal diversion of N3.5 billion from the London/Paris Club loan refund? “Before now, sharp disagreements between the National Assembly and the Executive had been submitted to the courts for judicial resolution in line with the rule of law.
In view of the settled state of the law on summoning of critics by the National Assembly and suspension of legislators, the Senate is advised to reverse its illegal decisions and quickly return to the path of constitutionalism in the interest of lasting democracy in the country.
“However, if the Senate remains intransigent, the Executive branch of the government should adopt decisive measures to terminate the unending rein of impunity in the National Assembly,” he said.
Falana also criticised the Senate for summoning Sagay for allegedly making critical remarks about it. He said that the Senate lacked the powers to summon the professor of law.
“In the atmosphere of impunity, which has enveloped the Senate, the Chairman of the Presidential Advisory Council on Corruption, Professor Itse Sagay, has been ordered to appear before the Senate for having the temerity to criticise the senators.
“In the case of El Rufai v House of Representatives (2003) 46 WRN 12, the Court of Appeal held that the respondent lacked the power to summon the appellant over a defamatory statement made by him as the power of investigation conferred on legislators is not for personal aggrandizement,” Falana said.
The human rights lawyer also said that the Senate’s suspension of Ndume was illegal. “The purported suspension of Senator Ali Ndume is the height of the serial illegality in the Senate.
In Hon Dino Melaye & Ors v House of Representatives (unreported) the Federal High Court declared the indefinite suspension of the plaintiffs illegal and unconstitutional on the ground that a legislator could not be suspended for more than 14 days,” Falana said.
Personal Assistant to the President on Social Media, Lauretta Onochie, described the Nigerian Senate as an agglomeration of “clowns,” which have turned itself into a chamber wont to use blackmail.
Onochie made the remark while reacting to the recent decision by the Senate not to screen nominees sent by the President until Magu is fired as the acting EFCC chairman. In a post on her Facebook wall, the presidential aide lambasted the Senators, saying they had neglected their principal’s role of law making.
She wrote, “At best, the Nigerian Senate has turned itself into a trade union of some sort. Not a patriotic trade union that cares and fights for the well-being of the citizens, but a blackmailing self-serving trade union that works with blackmail!
“But there are many patriotic and people-oriented Senators in that chamber. Where are they? Why are they silent? Why are they succumbing to the bullying antics of a few clowns, who are being manipulated by the head cabal? Yes, the cabal! “What are the patriotic Senators doing to let Nigerians know that they are not part of the unholy and demonic alliance of the awaitingtrial cabal?
“How can they sit pretty, and allow those who are either under criminal investigations or are awaiting trials to be the ones deciding the fate of Nigerians?
“So, why is the Nigerian Senate acting like a bunch of errant schoolchildren in a playground?
“For not giving me a piece of your snacks, you can’t play with us. Bullying and intimidation! Many of us remember this from our primary school days. It’s back in our Senate!.”
For now, political analysts and Nigerians are waiting to see who blinks first between the Senate and the Presidency over the various grey areas causing friction between the two arms of government.
