BEVERLY HILLS, July 13, (THEWILL) – The Attorney-General of the Federation, AGF, Abubakar Malami has finally appeared before the Senate Committee on Judiciary, Human Rights and Legal Matters to explain why he dragged the Senate President, Bukola Saraki and his Deputy, Ike Ekweremadu to court over alleged forgery of the Senate Standing Rules 2015.
Having failed to appear the first time he was invited, Malami had sent the Special Assistant to President Muhammadu Buhari on Prosecution, Okoi Obono- Obla to represent him at the summon, but Obla was walked out by the committee whose chairman said: “Our democracy is seriously under threat because the AGF who had asked for time to prepare has now refused to appear. We cannot hear you, I am sorry.”
The upper chambers had on Tuesday threatened to invoke a section of the constitution should the AGF fail again to honour the summon extended to him by the Senate committee.
Appearing on Wednesday before the Senator David Umaru-led Committee on Judiciary, Human rights and Legal Matters, Malami, who doubles as the Minister of Justice, explained that the criminal charges the federal government filed against the presiding officers predates his appointment as Attorney-General of the Federation and Minister of Justice.
He stated that while he was appointed AGF in November last year, the case was filed in July, stressing that: “I wish to state here that I am in support of democracy and I will do anything within the constitution to preserve the democratic processes.”
Malami explained that the criminal case with reference number FHC/ABJ/CS/646/ 2015 was filed on July, 23 2015 alongside a report of the concluded investigation by the police.
His words, “I was appointed on the 12th day of November 2015, that is precisely about four months. As at the time I came to office, the report was concluded.
“The case was instituted before the court for the sustenance of the rule of law but not in any way to truncate the democratic process.”
Malami further pointed out that neither the executive nor the legislature can look into a matter that is already in court.
He said that “It will be overreaching on my part to make any insinuation on the case.”
When asked by the committee if the charges were filed for the sake of public interest and if they were in accordance with due process, Malami replied that the suit was filed based on public interest and justice.
According to him, the senate standing orders 2015 amendment did not pass through the traditional procedure.
The minister added that if the standing orders did not come through the right procedures, it becomes criminal, which is in breach of section 60 of the Nigerian constitution.
The chairman of the committee, Umaru, APC Niger East, stated that the executive was intruding on the business of the legislature, adding that the separation of the powers in a democracy should be respected.
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