The alleged forgery of Senate Standing

THERE is growing disquiet in the country over the allegation of forgery of the Senate Rules and Standing Orders used for the elections that produced Senate President, Dr. Bukola Saraki, and Deputy Senate President, Ike Ekweremadu, on June 9. The Senate Standing Orders guide all aspects and procedures of the Senate, including the promulgation of parliament and the election of its principal officers. The document became a subject of intense controversy following the rejection of Saraki and Ekweremadu’s elections by the ruling All Progressives Congress (APC), and the allegation by some of its senators that five of the standing orders were forged.

The alleged forged section of the Senate Standing Orders 2015 (Amended) that is at the heart of the current controversy provides for secret and electronic balloting for the elec­tion of the Senate’s leaders, whereas the Sen­ate Standing Rules 2011 used by the immediate past 7th Senate that was dissolved on June 6, provided for open balloting. Some senators who have made statements to the police on this matter have reportedly affirmed that the 7th Senate, at no time, amended the Senate Standing Rules 2011, while the 8th Senate had also not held any sitting at which it could have amended the document prior to the inaugura­tion of the National Assembly on June 9 and the election of its leaders. The contention, then, is over the source of the Senate Standing Orders 2015 (Amended) used by Senate Clerk, Alhaji Salisu Maikasuwa, for the elections that pro­duced Saraki and Ekweremadu.

Senators who have risen in stout defence of the Senate Standing Orders 2015 used for the recent elections have said that the 2011 Stand­ing Orders were amended “administratively” by the Senate bureaucracy. However, both the 2011 Standing Orders and the controversial amended 2015 edition reportedly provide that the Stand­ing Orders guiding the work of the Senate can only be amended by the Senators themselves. Specifically, Order 101 provides that (1) any Senator desiring to amend any part of the Rules or adding any new clause shall give notice of such amendments in writing to the President of the Senate. Other sub-sections of this Order provide that the proposed amendment shall be printed, circulated to all members, considered and adopted as part of the Senate Rules, pro­vided that two-thirds majority of Senate mem­bers decide to go ahead with the amendment. These steps were allegedly not taken before the recent amendment.

The controversy over the alleged forgery is, however, now being investigated by the po­lice. Forgery is a criminal act and the Nigeria Police, through its spokesperson, Emmanuel Ojukwu, says it has interrogated all those who were involved in the matter, while the result of its investigation will soon be made public. Le­gal advice, he said, will determine those to be prosecuted on the matter. Among those said to have been quizzed by the police are the former Senate President, David Mark, Ekweremadu, former Senate Leader, Victor Ndoma-Egba and former Chairman, Senate Committee on Rules and Business, Senator Ita Enang.

The allegation of forgery of Senate Stand­ing Orders is embarrassing, to say the least. Although the allegation is not unrelated to the rejection of Saraki and Ekweremadu as Senate President and Deputy Senate President respec­tively, by the leadership of the ruling APC and some of its members in the Senate, it is simply unacceptable that the distinguished members of the nation’s Upper Legislative House would be associated in any way with criminality. This is a serious allegation that must be immediately resolved so as not to tar our Senators.

The impasse in the National Assembly is af­fecting its work. The unity and sense of purpose that the ruling party needs to pursue its agenda and fulfill its electoral promises are missing. Sittings of the National Assembly, which were expected to resume on July 21, have again been shifted to next Monday, July 28. The longer the impasse attending the non-resolution of the leadership tussle in both houses of the National Assembly lasts, the worse for our democracy and the cohesion that the federal legislature needs to perform its constitutional duties. It is disheartening that since June 9 when the 8th National Assembly was inaugurated, its mem­bers have been embroiled in bitter struggles for offices, instead of focusing on the larger na­tional interest on the basis of which they were elected by their constituents.

Ekweremadu is, unfortunately, in the vortex of this alleged forgery because his election as Deputy Senate President on the platform of the opposition Peoples Democratic Party (PDP) has been rejected by the ruling APC, which ap­parently believes that he might frustrate its intentions, considering the important role a Deputy Senate President could play when pre­siding over plenary in the absence of the Senate President.

Nonetheless, it is important that we get to the root of the alleged forgery of the Senate Standing Rules/Orders. We hope the outcome of the police probe will go a long way in laying this forgery saga to rest. The probe should neither be selective nor targeted at any particular sena­tor. But, it should not spare anybody indicted in the forgery, or shy away from recommending them for prosecution. It would, of course, also go without saying that any action that had been taken using the controversial Senate Standing Orders 2015 (Amended) would be null and void, if the document is proved to have been forged.

It is necessary to state that every chamber of the National Assembly must be guided by rules made by a majority of its members. If the need arises to amend the rules/orders guiding pro­ceedings, including the election of officers, the matter ought to be discussed on the floors of the chambers, and notice taken of the input and contributions of members, before the matter is decided by a majority of the members.

We must also add that if any group of Sena­tors is suspected to have amended the Senate rules unilaterally without the knowledge and agreement of other members, the investigation of the allegation ought to have been handled by the Rules and Business Committee of the Sen­ate, and not the Police.

We hope that the outcome of the police in­vestigation of this matter will not exacerbate the furore in the Senate. Everything should be done to restore normalcy in the National As­sembly after weeks of bad blood and confusion that prompted the sudden adjournment of the two houses last month, and the further post­ponement of their resumption to July 28.

Copyright: Sun News