THE Senate is in the news again for the wrong reason, even
as the dust raised by the emergence of Senator Abubakar Bukola Saraki as Senate
President in controversial circumstances on June 9 is yet to settle. This time,
the Senate Committee on Ethics, Privileges and Public Petitions has launched
into a seemingly pre-determined investigation of the Economic and Financial
Crimes Commission (EFCC) Chairman, Ibrahim Lamorde’s alleged diversion of N1
trillion loot recovered by the agency.
In its rush for quick result, the committee sidetracked
established Senate rules, raising more dust in the process. The probe, as would
be expected, has thrown up a deluge of reactions. Some watchers of events at
the Senate have dubbed the probe of the EFCC boss a mission impossible, while
others labelled the investigation a scam orchestrated to cover other scams.
Yet, some others are asking why now, especially with the obvious disregard of
due process in the probe?
A huge gulf has already emerged in the upper chamber,
creating as it were, a sharp division among the occupants of the chamber. Both
APC and PDP senators are kicking. Some who are thrown off guard are gasping for
breath. For them, the investigation is a fraud that must be halted.
Has Saraki shot himself in the foot again? Some say he is a
man in love with shortcuts; one who detests procedural course , one who has
little regard for due process. Saraki’s passion for the back door to achieve
selfish results, they contend, is legendary, as he has amply demonstrated the
trait a number of times without qualms.
When he became the Kwara State governor in 2003, one of his
first actions which, ruffled feathers, was the transfer of the state’s account
in the defunct Trade Bank, the state-owned bank, to the defunct Societie
Generale Bank, where he was executive director before he became governor. The
account was returned after a lot of dust was raised against the mindless
shortcut.
Again, he had recently planned what amounted to a civilian
version of a coup against his party – All Progressives Congress (APC) – to
emerge Senate President. The party had zoned the position to the North East,
casting its overwhelming lot for Senator Ahmed Lawan.
However, on the day the 8th National Assembly was to be
inaugurated, while 51 APC senators, almost half of the 109-member Red Chamber,
were waiting to meet President Muhammadu Buhari at the International Conference
Centre (ICC), Abuja, elections were hastily conducted in which Saraki and
Senator Ike Ekweremadu emerged as President and Deputy Senate President
respectively. The dust raised by that brazen defiance is still simmering.
Now, seeing Saraki as the guiding hand behind Dr. George
Uboh’s petition against the EFCC boss, observers believe that the Senate’s
probe of the EFCC is Senate President’s show, which has further brought to fore
his loathing for order. Others insist there is no way Saraki and his loyalists
in the Senate can come clean that the investigation was not arranged to fight
the EFCC boss for daring to call to question Saraki’s wife over alleged
financial impropriety.
Although Saraki’s loyalists have dismissed the invitation
and investigation of Toyin Saraki as politically motivated, those who disagree
with the imputation of political motive into the probe are asking why the EFCC
investigation is coming at a time the wife of the Senate President is
undergoing interrogation before the anti-graft commission.
Mrs Saraki was grilled for hours in July 28, 2015 by the EFCC
alongside the daughter of former President Umaru Yar’Adua and wife of former
Kebbi State Governor, Saidu Dakingari, Zainab Dakingari. She (Saraki’s wife)
was invited for questioning for alleged money laundering, what a source
described as alleged “questionable inflow of funds into companies where she has
interest.”
Not a few are also wondering why George Uboh’s petition was
not presented to the Senate in plenary if there was no hidden agenda. They ask
why the petition was forwarded to the Ethics committee directly, an infraction
of the Senate’s standing rules.
More curious is the fact that Senator Peter Nwaobosi (Delta
North), who received the petition, is an ally of former Delta State Governor,
Chief James Ibori, a bosom friend of Saraki. Dino Melaye, a member of the
Ethics Committee, and Nwaobosi were among the senators who accompanied Saraki’s
wife to the EFCC when she was invited for questioning.
In a sense, observers see the whole thing as Saraki and
Ibori fighting EFCC. Nwaobosi, a commissioner under Ibori, is fighting his
master’s battle against EFCC. It would be recalled that Ibori waged a vicious
war against EFCC’s former chairman, Mallam Nuhu Ribadu, before the former’s
extradition to UK where he was jailed for money laundering.
Not willing to be used to fight a personal battle, the
Peoples Democratic Party (PDP) caucus in the Senate rejected the probe by the
senate committee. The PDP senators
expressed their position in a statement signed by the Senate Minority Leader,
Senator Godswill Akpabio; his deputy, Emmanuel Bwacha; Minority Whip, Senator
Philip Aduda and his deputy, Senator Biodun Olujimi.
The PDP caucus stated in the statement: “It has come to the
notice of the PDP leadership in the Senate that the Senate Committee on Ethics,
Privileges and Public Petitions would begin a public hearing on Wednesday, 26th
of August, 2015 and the committee has
invited the Chairman of the Economic and Financial Crimes Commission to appear
before it.
“The PDP leadership in the Senate is not against any committee
of the Senate performing its oversight duties and or functions but we feel that
this is not the appropriate time to embark on the most important assignment,
particularly since the same action was mooted and had failed at previous
plenary session.
“We therefore urge the committee to suspend its public
hearing on this particular matter until further notice. The PDP Senate
leadership reassures the Nigerian public of its support for the war against
corruption by the Federal Government of Nigeria but hastens to add that such
fight against corruption should be total and not selective.
“Nigerians need peace at this period of economic challenges
precipitated by the falling of oil prices and actions that will overheat the
polity and generate unnecessary friction between the executive and the
legislature should be avoided.”
The Senate Unity Forum, a group of APC senators who detailed
the violation of the Senate rules in the investigation, in its own case, did
not hesitate to dismiss the Ethics, Privileges and Public Petition Committee’s
investigation of the EFCC chairman as illegal.
The Forum has taken time out to educate those who are wont
to rush into nailing the EFCC boss that in standard parliamentary practice, a
petition is routed through either a Senator or a member of the House of
Representatives.
“Upon receipt of such petition,” the Forum said, “the
representative will inform the presiding officer of the chamber and,
thereafter, present the petition in plenary. Upon presentation in plenary, the
presiding officer will invite the Senator/House of Representatives member to
lay the petition, which automatically becomes a public document.
“Thereafter, the presiding officer will refer the petition
to the appropriate committee for consideration, after which it would be
returned to the Senate in plenary. In this regard, nothing of the sort
happened.
“The Senate proceeded on recess on August 13 and it is not
on record that the petition of Mr. George Uboh, accusing Lamorde of diverting
over N1 trillion recovered from some corrupt Nigerians, including former
governor of Bayelsa State, DSP Alamieyesigha, and the former Inspector General
of Police, Tafa Balogun, was presented to Senate in Plenary.”
The Forum, therefore, declared its support for the position
earlier adopted by some senators that the Lamorde probe should be halted
because it did not follow due parliamentary process.
It added: “For the avoidance of doubt, Rule 41(1-3) of the
Senate Standing Orders specifically spelt out how petitions are handled in the
parliament.
“Rule 41(1-3) states: (1) A petition must only be presented
to the Senate by a Senator, who shall affix his name at the beginning thereof.
“(2) A senator presenting a petition shall confine himself
to a brief statement of the parties from whom it came, the number of signatures
attached to it and material allegations contained in it and to reading the
prayers of such petitions.
“(3) All petitions shall be ordered, without question being
put, to lie upon the table. Such petition shall be referred to the Public
Petitions Committee.
“It is after these steps have been taken that the presiding
officer would refer the petition to the aforementioned committee.
“It should be noted that in this case, none of these
laid-down procedures were followed before the ‘Senate Unity Forum’ read in the
newspapers that the Senator Samuel Anywanu-led Ethics, Privileges and Public
Petitions Committee would on Wednesday, August 26, commence the probe of EFCC
chairman
“We stand against this probe. It is illegal and
unconstitutional because it did not follow our rules.”
Four members of the Senate Unity Forum endorsed the
statement, including Senators Ahmed Lawan, George Akume, Barnabas Gemade and
Abu Ibrahim.
Senate Leader, Mohammed Ali Ndume, a core Saraki loyalist,
has also joined the fray. Ndume admitted “a procedural error” in the probe,
aligning with the position of the PDP Senate caucus which distanced its members
from the investigation.
The EFCC, on its part, says it has no confidence in the
probe of the Senate Committee. The commission stated that the committee lacked
objectivity and that it was not likely to get a fair hearing, especially after
a delegation it sent to observe the proceedings was walked out by the members
of the committee on the pretext that the commission had earlier written that it
would not be present at the hearing.
Although the Senate and its handlers are busy burning all
available cables, the probe of the EFCC under questionable circumstances speaks
volume about what Nigerians are to expect from the 8th Senate.
Credit: Nation