Senate Rule Forgery: FG Drops Criminal Charges Against Saraki, Ekweremadu

The Federal Government of Nigeria has filed a motion to withdraw the charge of criminal conspiracy against Senate President Bukola Saraki and his deputy, Ike Ekweremadu.

Four months ago, government, through the Ministry of Justice, arraigned Saraki, Ekweremadu, alongside former Clerk to the National Assembly, Salisu Maikasu, and his deputy, Benedict Efeturi.

The four were accused of conspiracy and forgery of Senate Standing Rules which brought Saraki and Ekweremadu to office in 2015.

The suit was filed in June, almost a year after Secretary of Senate Unity Forum, Senator Suleiman Hunkuyi petitioned the Inspector General of Police where he demanded criminal investigation into allegation of forgery of Senate Rules used for the elections of presiding officers on June 9, 2015.

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They were brought before Justice Yusuf Halilu.

In a new twist, an affidavit in support of the motion was filed before the High Court of Federal Capital Territory, yesterday, by a litigation officer from the Federal Ministry of Justice, Odubu Loveme.

Saraki and Ekweremadu, as well as Maikasuwa, and  Efeturi, were first arraigned before Justice Yusuf Halilu on June 10, 2016 via charge No. CR/219/16.

They all pleaded not guilty on July 27, 2016.

In the motion, Loveme said counsel to the federal government on the matter, Aliyu Umar, a senior advocate of Nigeria, on September 30, in the office of the Director of Public Prosecution told him that he had studied the case diary and “ had decided to amend the charge in the manner stated on the face of the motion paper.” Loveme added that he has, consequently, filed an amended charge.

“That I depose to this affidavit in good faith believing same to be correct to the best of my knowledge and information and in accordance with the Oaths Act Cap 01 laws of the Federation of Nigeria,” he said.

Based on the amended charge, only Messrs. Maikasuwa and Efeturi would face prosecution.

The two officials are accused of fraudulently amending the 2015 Senate Standing Orders without the authority of the 7th Senate “ with intention that the Senators elect of the 8th Senate would believe that the said Senate Standing Orders 2015 ( as amended) was made by the authority of the 7th Senate of the Federal republic of Nigeria.”

They are also accused of forging a document punishable under section 366 of the Penal Code Act ( Northern States) Federal Provisions Act, 1960, Cap 345, Laws of the Federation 1990 ( as amended). The Nigerian Government also accused them of giving false information with the intention to mislead the public. The court had, on September 28 adjourned the matter to Friday, October 7 for commencement of hearing.

Umar, in his written address in support of the motion to amend the charge on Thursday, stated that the sole issue for determination is “ whether the Court can permit the amendment of the charge in terms of the amended charge”.

He said the Court has the powers to permit the amendment based on the provisions of Section 216 (1) of the Administration o Criminal Justice Act.

The Section stated that “ A Court may permit an alteration or an amendment to a charge or framing of a new charge at any time before judgment is pronounced.”

He also quoted Section 216 (3) which states that “ Where a Defendant is arraigned for trial on an imperfect or erroneous charge ,the Court may permit or direct the framing of a new charge, or any amendment to, or the alteration of the original charge.”

Daily Sun

Senate Forgery Suit: Court Scolds AGF, Police IG; Yet Asks Saraki, Ekweremadu To Face Trial

Justice Gabriel Kolawole of a Federl High Court sitting in Abuja has ruled that the forgery charge brought against the Senate President, Dr. Bukola Saraki, his deputy Senator Ike Ekweremadu and two others on charges of forgery of the Senate Standing Orders 2011 by the Attorney General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami is a complete gross abuse of court and legal process.

The judge in his ruling specifically faulted the charge for being filed during the pendency of a civil action instituted to challenge the propriety of the police report on the alleged forgery of the Senate Standing Rule 2015 and in which the AGF and the Inspector General of Police (IGP) are defendants and even joined issues with plaintiff in the court action.

The applicant for the injunction, who is a serving senator, Gilbert Nnaji, had urged the court to stop the defendants from acting on the police report issued with respect to the case.

But it was learnt late on Saturday that Justice Gabriel Kolawole rejected the motion last Monday.

The judge ruled, “In terms of the restraining orders, which the plaintiff seeks in the prayer one of his motion ex-parte, I am unable to grant the prayers because the plaintiff has not been able to overcome the issue of his locus standing, which I had raised at the proceedings of 27 July, 2015.

“It is not sufficient, when the Supreme Court’s decision in Senator Abaraham Adesanya v. President of Nigeria & another (1981) 5 SC 112 is applied,  for the plaintiff, who has not shown that he is one of the defendants listed in the criminal charge attached as Exhibit B to this motion ex-parte, to be conferred, in the context of the provision of Section 6(6)(b) of the Constitution 999 (as amended) with the cloak of an ‘aggrieved’ person who ought to be granted access to ventilate his grievance and to seek the interim orders in his motion ex-parte.”

The Federal Government had on June 10, 2016 preferred two counts of criminal conspiracy and forgery of the Standing Rules of the Senate used for the leadership election of the presiding officers of the Senate in June last year against Saraki; the Deputy Senate President, Ike Ekweremadu; and two others.

The two other co-accused are a former Clerk to the National Assembly, Salisu Maikasu, and his deputy, Benedict Efeturi.

Justice Kolawole however described as “an abuse of court process” the decision of the AGF to file the forgery charges during the pendency of a suit filed by the plaintiff challenging the competence of the police report.

The judge, while querying the motive of the AGF, Abubaka Malami (SAN), who he noted had participated in the Nnaji case before his appointment as the AGF, wondered why Malami was in a “desperate haste” to proceed with the charge “when he was aware of the pendency of a suit challenging the report on which the charge was based.”

The judge  said, having found that the filing of the charge amounted to an abuse of court process, he would have proceeded to dismiss it, but for the charge pending before the High Court of the Federal Capital Territory, with a coordinate jurisdiction with his court.

Nnaji had filed the substantive suit on July 23, 2015 upon learning that the police was about to publish its investigation report on the forgery reported to it through a petition by Senator Suleiman Othman Hunkuyi of the Unity Forum.

On July 27, 2015, the judge refused the plaintiff ex-parte prayer for an order directing parties to maintain status quo pending the determination of the substantive suit, and instead, directed the 1st defendant — IGP — (because a substantive AGF had yet to be appointed) — to show cause as to why such order should not be granted and adjourned to August 4, 2015.

On the next date, the IGP and the Solicitor General of the Federation, Taiwo Abidogun (who represented the AGF), did not show cause as ordered by the court, but filed a notice of objection challenging the jurisdiction of the court to hear the suit.

Hunkuyi, represented by a team of lawyers including Mamman Osuman (SAN), Dele Adesina (SAN) and Abubakar Malami (SAN), applied to be joined as party to the suit. Hunkuyi’s motion was later struck out when his lawyers did not attend court to move it.

While the substantive case by Nnaji and the notices of objection by IGP and AGF were pending, Malami was appointed the substantive AGF, shortly after which Justice Kolawole fixed hearing of the suit and all pending objections for July 6, 2016.

To stop the arraignment of Saraki, Ekweremadu and two others named in the charge, Nnaji went back before Justice Kolawole with the ex-parte motion for restraining orders against the IGP and AGF.

The motion was heard on June 27 by Justice Kolawole, who fixed June 28 for ruling. Saraki and others were also arraigned before the High Court of the FCT on the charge filed by the AGF June 27.

In his ruling on June 28, Justice Kolawole faulted the decision of the AGF to proceed to file a charge based on the police report when the suit challenging the report was still pending.

He held that although, as the AGF, he had the constitutional powers to institute and discontinue criminal proceedings on behalf of the Federal Government, he must exercise such powers in public interest.

Justice Kolawole noted that, although the charge was filed by a lawyer in the Federal Ministry of Justice, the official acted as an agent of the AGF, who was listed as one of the leading senior lawyers that filed an application for joinder on behalf of Hunkuyi, who until his (Malami’s) appointment, was his client.

He, however, refused the applicant’s request to quash the police report on the grounds that the report was not attached to the motion and that it was not placed before the court.

Justice Kolawole also refused to void the charge before the FCT High Court on the grounds that the charge was before another court of equal jurisdiction.

How We Used 'Doctored' Standing Orders For Saraki, Ekweremadu; David Mark Ordered - Deputy Clerk Reveals

In an exclusive report, the deputy clerk of the National Assembly has confirmed to police investigators that the senate's standing orders used for the 2015 elections of Saraki and Ekweremadu as president and deputy, were indeed different.

Speaking with the Criminal Investigation and Intelligence Department of the Nigerian Police Force, the deputy clerk of the National Assembly, Benedict Efeturi, has disclosed to the investigators that the senate’s standing orders used for the 2015 elections of Bukola Saraki and Ike Ekweremadu as senate president and deputy respectively, was different from the 2011 version.

Efeturi who made the disclosure in the heat of the allegations that the rules were forged to help the lawmakers, said the alteration, which some senators denounced as illegal as lawmakers were not informed about, was based on the directive of the former senate leadership, led by its president, David Mark.

He said the amendment was done “by convention and practice” and not be “procedure”, as previous versions of the rules were amended by the same method.

In his statement to the police, Efeturi, who is also the Clerk of the Senate, said the leadership of the 7th Senate under David Mark ordered the 2015 Standing Rules be amended “not necessarily by procedure” but “by convention and practice”.

According to the report, he “stated that the leadership of the National Assembly of the 7th Senate ordered the 2015 Standing Rules as amended by their convention and practice. (He stated) that the Senate Standing Orders 2003, 2007 and 2011 followed the same procedure as that of 2015. He emphasized that in the Parliament, amendment of the Standing Orders is by practice not necessarily by procedure.

“He further stated that during the ruling of the Senate President on the 24th of June 2015, that the Senate Standing Orders of the Senate 2015 is authentic, final, relevant and cannot be challenged. He attached a copy of the debates of the Senate on Wednesday, the 24th of June where the Senate President ruled (that) the Senate Standing Order 2015 as authentic Standing Orders of the 8th Senate.”

Meanwhile, Alhaji Salisu Maikasuwa, the Clerk to the National Assembly, who conducted the elections of Saraki and Ekweremadu, said he did not refer to any Senate Standing Rules, rather, he said he only performed his duty using “normal procedures for the opening of a new parliament”.

He said, according to the police report, “that before the election, he called on the Deputy Clerk to the National Assembly who is also the Clerk to the Senate to read out the guidelines for the election”.

He denied knowledge of the existence or production of an amended Senate Standing Rules 2015, saying he had no business in the daily activities in the Senate, and told the police Efeturi was “in better position to know of the 2015 Standing Orders as amended”.

The report says a number of Senators, including Suleiman Hukunyi, Kabiru Marafa, Ahmed Lawan, Abdullahi Gumel, Gbenga Ashafa, Robert Boroffice and Abu Ibrahim, were invited during the investigation.

In their separate statements, they said the 7th Senate did not amend the 2011 Standing Rules and thus, the amendment rules used for inauguration of the eighth assembly was fraudulent since there was no compliance with the requirements for amendment of Senate Rules.

Senator Faruk Lawan who contested and lost the senate presidency to Saraki, said, “The procedures for election into the two presiding offices are clearly stipulated in Order 2 (2(i) of the Senate Standing Rules 2011. That contrary to the provision of the above order, the Clerk to the National Assembly introduced and used order 3(3) e (ii) of the purported 2015 Standing Order”.

The report also noted the submissions of some former lawmakers like Ita Enang, who was chairman, Rules and Business in the seventh senate, told the police that the previous Senate did not amend the rules.

Meanwhile Deputy Senate President, Ike Ekweremadu's spokesperson, Uche Anichukwu, told Premium Times that only All Progressives Congress Senators in the Unity Forum - a group opposed to the election of Saraki - were invited for questioning. He queried the basis for his arraignment as he was neither questioned nor indicted by the police.

In the summary, the police’s CIID said the contents of the 2015 Rules “are substantially different from the Senate Standing Order 2011 as amended” and that “Sections 2(iv), 3(3)EI,ii,iii,G and H, 5 and 7 of the Rules are different in the two Orders”.

“The allusion of the Clerk of the Senate to procedure of amending the Standing Orders of the Parliament through ‘practice and not necessarily procedure’ is a misplaced analogy and undemocratic because the Nigerian Senate has clearly laid down without a proviso, the procedure to be adopted in amending its standing orders as contained in the section 110 of 2011 Senate Standing Orders.

“This practice where some group of senators amend the Rules of the Senate without following legal procedures is not only criminal but portends danger for growing democracy,” the Police said.

The report, dated July 14, 2015, was forwarded to the Attorney-General of the Federation, Abubakar Malami, to determine “if this conduct constitutes crime or should be treated as an internal affairs of the Senate”.

Premium Times

BREAKING: Saraki, Ekweremadu, Others Granted Bail

Justice Yusuf Halilu of a Federal Capital Territory, FCT, High Court, Abuja on Monday granted the Senate President, Bukola Saraki, his deputy, Ike Ekweremadu, former clerk of the National Assembly, Alhaji Salisu Maikasuwa bail.

Saraki, Ekweremadu, former clerk of the National Assembly, Salisu Maikasuwa and the Deputy Clerk, Benedict Efeturi are facing charges of alleged criminal conspiracy and forgery of the senate standing rule‎s, 2015. The charges were brought against them by the Federal Government.

The prosecutor, Joseph Daodu had filed an application before the Halilu-led court seeking that the accused persons be denied bail because they may tamper with the course of investigation and may likely jump bail.

But counsel to the first accused person, Salisu Maikasuwa, Ikechukwu Ezechukwu argued that there was need to admit his client bail because his client conducted himself properly all through the investigation.

He said, “All through his investigation, he was never detained, and he also made himself available for investigation.”

Ezechukwu urged the court to dismiss the application of the prosecution and grant his client bail on self recognition.

Counsel to the 3rd defendant, the Senate President, Bukola Saraki, Paul Erokoro, SAN, contended that the affidavits filed by the prosecution “never made mention of Saraki and the police in the course of its investigation and the police never invited him for questioning.

“It’s a fact that my client who has being standing trial at the CCT for more than one year will not run away.”

Erokoro prayed the court to admit Saraki bail on the ground of self recognition as he will not run away.

Diri, however, stated that the prosecution was not opposing the bail application of Saraki because it may affect his official duties as the Senate President.

He, however, opposed “vehemently” the bail application of the other accused persons because the “charges against them are devious which if they are convicted may attract a prison term of 14 years.”

Diri contended that others, apart from the Senate President if granted bail may evade trial.

On this ground, Diri urged the court to discountenance the bail application of the first, second and fourth defendant.

Justice Halilu in his ruling granted all accused persons bail.

“Considering the submission of the counsels of the accused person, I allow all the accused persons to go home.

“They shall present two reasonable surities who should be Nigerian, owned landed properties in Asokoro, maitama, Wuse 2 and Garki.

“If they fail to meet the bail condition, they shall be remanded in Kuje prison.”

The judge consequently adjourned the matter till July 11 for continuation of tria

Photos of Saraki, Ekweremadu Arraigned In Court Today, Plead Not Guilty

Saraki, Ekweremadu In Court Today
Photo Credit: Sahara Reporter

The Senate President, Bukola Saraki, his deputy, Ike Ekweremadu and former clerk to the National Assembly, Salisu Maikasua have all pleaded not guilty to a two count charge leveled against them.

Saraki alongside his deputy and the former clerk of the National Assembly took their plea at an Abuja FCT High court sitting in Jabi on Monday.

The plea followed an application by the lead prosecution counsel, M.S.Diri who told the Justice Yusuf Halilu-led court that the matter was for arraignment and urged the court to direct that the two count charge be read to the accused persons.

Saraki, Ekweremadu and Maikasua are facing a two count charge bordering on conspiracy and forgery of senate rule in 2015.

Saraki, Ekweremadu In Court Today
Photo Credit: Sahara Reporter

Justice Halilu has stood down the matter to allow the prosecution file a counter affidavit against the motion for bail of the accused persons.

Prior to the stand down, Halilu denied asking reporters to vacate the courtroom.

“I will not ask journalists to leave my courtroom, don’t report what is not correct. I represent everybody; my work is to do the best I can,” Halilu said.

Daily Post

Court Officials Paste Saraki, Ekweremadu's CRIMINAL Summons On NASS Board, See Photo

The official court summons inviting the Senate President, Bukola Saraki, his Deputy, Ike Ekweremadu, the outgoing Clerk to the National Assembly, Alhaji Salisu Maikasuwa; and  the Deputy Clerk, Benedict Efeturi, to appear before the court for the alleged forgery of the Senate Standing Order 2015. was yesterday pasted on the Senate board by some people, suspected to be bailiffs from the FCT High Court, Abuja.

The Summon read;

“By oral application, dated June 21, 2016, moved by D. E. Kaswe, Principal State Counsel, Federal Ministry of Justice, in this case praying the court for:

“An order of this Honourable Court granting leave to the complainant/applicant to serve the criminal summons on the defendants by substituted means to wit by pasting it at the Notice Board of the National Assembly, Three Arms Zone, Abuja.

“And after hearing D. E. Kaswe with A. A. Kaltingo Esq, counsel for the complainant/applicant moved the court orally for the above relief.”

It was also observed that the handwritten statements of Maikasuwa and Efeturi as well as that of 13 other former senators, interrogated by the police, were also pasted along with the court summons, Punch Newspaper reports

In their own submissions to the police as contained in the document pasted to the board at the National Assembly, Maikasuwa and Efeturi denied being part of the alleged forgery of the document.

Maikashuwa said, “The Senate Standing Order used in Seventh Senate was not known to me. The Clerk of the Senate (Efeturi) is in position to know. I was not aware of the amendment that was made to the Standing rules.”

Efeturi said, “The Senate Leadership handled the 2015 Standing Rules as amended by their convention and practice. Standing Orders 2003, 2007 and 2011 followed similar practice.”

Our correspondent further noted that a Deputy Inspector-General of Police interrogated and obtained statements from 15 witnesses, including Senators Suleiman Hunkunyi, Solomon Enang, Solomon Ewuga, Ahmad Lawan, Abu Ibrahim and Babafemi Ojudu, on the issue.

Some Sergeant-at-Arms, however, besieged the notice board and removed all the court summons even when many people were still reading the documents.

Saraki, Ekweremadu's Forgery Case POSTPONED, Summons Notice Pasted On N'Assembly Notice Board

The supposed trial of the President of the Senate, Dr. Abubakar Bukola Saraki, and the Deputy President of the Senate, Ike Ekweremadu, on alleged forgery of the Senate Standing Rules has been postponed till next week Monday by the Federal Hight Court, Abuja., TheEagle Online says

This is just as the Court granted orders to paste the charges against Saraki and Ekweremadu on the National Assembly notice board.

Justice Yusuf Halilu fixed the date after ordering substituted service of the charges on the defendants.‎

Apart from Saraki and Ekweremadu, the outgoing clerk of the National Assembly, Salishu Maikasuwa, and the Deputy Acting Clerk of the National Assembly, Ben Efeturi, are also charged to court on the same forgery allegation.

The accused persons were initially to be arraigned in court on Tuesday (today).

However, due to the inability of to serve them the court summons properly, it was postponed till next week.

Also accused along Saraki and Ekweremadu forging the senate standing rule that helped Saraki and Ekweremadu emerge leaders of the senate last year. are former Clerk of the National Assembly, Salisu Abubakar Maikasuwa and his deputy, Benedict Efeturi.

Senate Forgery Scandal: The Possible Jail Term For Saraki, Ekweremadu Revealed

The forgery of the Senate Standing suit filed by the Federal Government may earn the accused, Senate President Bukola Saraki, his deputy, Ike Ekweremadu and others involved a 16-year jail term if guilty as charged, as the offence of conspiracy is punishable under Section 97 (1) of the Penal Code Act; while that offence of forgery with “fraudulent intent” is punishable under Section 364 of the same law.

Barring last minutes change, Saraki and Ekweremadu will today, Tuesday appear before an Abuja High Court, Jabi on charges of forgery.

Saraki is also expected to be at the Code of Conduct Tribunal (CCT) which shares boundary with the Jabi Abuja High Court for his ongoing trial for alleged false and anticipatory asset declaration same Tuesday as the CCT had on June 15 adjourned the trial of the Senate President, till June 21.

According to the provisions of the penal code laws (Sections 97(1) on criminal conspiracy and 364 (on forgery), upon which the case is to be prosecuted, anybody convicted of the crimes is to bag two and 14- year jail term respectively for the offences.

It was reliably gathered from sources in Federal Ministry of Justice, according to Ripples Nigeria that Justice Yusuf Halilu will tomorrow seat on the case involving Saraki alongside Ekweremadu and others accused along with them on two counts of forgery and criminal conspiracy.

A former Clerk to the National Assembly, Salisu Maikasu, and his deputy, Benedict Efeturi, along with Saraki and Ekweremadu were on June 10, charged with criminal conspiracy and forgery of the Standing Rules used for the leadership election of the presiding officers of the Senate in June last year.