BY MOHAMMED ABDULRAZAQ

OUR democracy is under attack and it might collapse irredeemably unless Nigerians rise to defend it. De­mocracy should not just be a white elephant project where those entrusted with leadership positions hide to perpetuate illegality and acts injurious to the peo­ple. The historic event that recently took place in Britain comes to mind as one ponders the type and manner of democracy we have chosen to practice in this country. The British people have just voted to be independent of the European Union (EU) after 43 years of membership. Giving effect to democracy and expressed wish of the people, Prime Minister David Cameron has resigned his position and fixed his exit date for October.

However, there is much ado in our country even though we pretend to practise democracy. Institutions are not allowed to work but the selfish machinations of those holding the levers of power. Why is it that our governance is always colored and seen through the prism of individual leaders rather than being sus­tained by the modern ethos and ethics of democratic governance? Why is it so difficult for the executive to allow the other arms of government to operate inde­pendently as granted them by the Constitution? Why has the Attorney-General of the Federation (AGF) and Minister of Justice, Abubakar Malami SAN, chosen to prefer criminal charges against the presiding officers of the 8th Senate on a matter that is wholly internal to the Senate? Why has the executive invaded the arena of the Senate, apparently, to forcefully dismantle the leadership the Senators elected to lead it at their in­auguration? Why is the executive out to enfeeble the institution of the Legislature and the Judiciary by con­stantly harassing them.

The arraignment of Senate President, Dr. Abubakar Bukola Saraki and his Deputy, Ike Ekweremadu falls squarely within this new template of executive impuni­ty and using the judiciary to settle political scores. The facts of the case to me are clear enough even though I am not a lawyer. Nigerians and members of the in­ternational community know that some lawmakers, on behalf of the Senate Unity Forum (SUF), who champi­oned the failed bid of Senator Ahmed Lawan to emerge Senate President petitioned the police, alleging forgery of the Senate Standing Rules 2015 that produced Saraki and Ekwerema­du. Following the petition, the police in July 2015, invited some leaders and of the 7th Senate for questioning. It is worthy of note that both the presiding and principal officers of the 7th Senate so invited never honoured the invita­tion of the police. Only Maikasuwa and Efeturi honoured the invitation and made statements to the police. The police concluded its investigation and sent it to the AGF to determine wheth­er what happened in the chambers of the National Assembly on June 9, 2015, is subject to prosecution.

One thing is clear. The present case of forgery is a new phase in the unholy crusade to cow the National Assembly and make it of no effect, even though the institution represents the live wire of our democracy. This is because there is no denying the fact that the emergence of Saraki as Senate President of the 8th Senate is the rai­son d’etre for his ongoing persecution cum prosecution over alleged false as­set declaration or forged Senate rules. It must be noted that the AGF cannot deny being an interested party in the instant case for which he is the Pros­ecutor-In-Chief, by virtue of his being one of the counsel to the members of the Senate Unity Forum that peti­tioned the police and also instituted a case before he was appointed minister.

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Again, before the AGF was appoint­ed, the Ministry of Justice in collabora­tion with the Economic and Financial Crimes Commission (EFCC) and the Code of Conduct Bureau (CCB) ‘sud­denly discovered discrepancies’ in the asset declaration forms filed by Sara­ki about 13 years ago for which he is currently undergoing trial at the Code of Conduct Tribunal (CCT). Besides, the executive and certain elements in the APC who are apparently miffed by the revelations emanating from the CCT which clearly underscores the claims of the Senate President that he is being persecuted for political rea­sons, have now made a detour and dusted a report which has been with the AGF for over a year, and suddenly got busy with plans to arraign Saraki. To make it credible, they decided to join Ekweremadu and a select few at an FCT High Court over allegations of forgery.

Is it not curious that some of the officials of the 7th Senate expressly mentioned in the police invitation are missing in the current charge before the FCT High Court? Do we need to consult a stargazer to know that Da­vid Mark was the Senate President of the 7th Senate? Even kindergarten pupils know that Senator Victor Ndo­ma-Egba was the Senate Leader of the 7th Senate and that Senator Ita Enang was the Chairman Business and Rules Committee in the 7th Senate. Why are these names missing in the forgery charge for which trial is billed to com­mence on Monday.

To show the eagerness, with the ex­ecutive want to get at Saraki by initiat­ing this kangaroo trial, it is pertinent to note that never a time was the name of Saraki mentioned in the report of the police that purportedly investigated a matter they were not legally compe­tent to investigate being that they are direct agents of the executive and fur­ther precluded from interfering in the internal matters of any other arm of government. That is in climes where the sanctity of the doctrine of separa­tion of powers is respected and given effect. I think Nigerians and world leaders must also interrogate why Saraki was never invited by the police to make a statement before the charges were filed. Yet, the police swore to an affidavit that it had concluded inves­tigation on the matter. The proposed trial by all intent and purposes is a clear violation of the Constitution and Section 379 (1) (a) (iv) of the Admin­istration of Criminal Justice Act, 2015, which stipulates that for a competent charge to be filed, it SHALL contain copies of the statements of the defen­dants. However, Nigerians are watch­ing to see if Saraki and Ekweremadu would be forced to make statements to the police after they might have been arraigned?

Many Nigerians have insisted that the trial, which commenced on Mon­day, June 27 is a direct assault against democracy and a criminal subversion of the rule of law which the present ad­ministration swore to protect. I cannot agree with them less. President Mu­hammadu Buhari owes Nigerians the obligation to ensure that the other arms of government are allowed to function unencumbered. He owes Nigerians the obligation to ensure that our cherished democracy is not subverted by a few in position of power. Let him act to safe­guard democracy and immediately or­der the AGF to withdraw the charges against Saraki and Ekweremadu.

  • Abdulrazaq wrote in from Anyig­ba, Kogi State