Attorney-General of the Federation (AGF) and Justice Minister, Mr Abubakar Malami, said his decision to reopen the alleged case of forgery of 2015 Senate Standing Rules was in public interest.
Malami made this known when he appeared before members of the Committee on Judiciary, Human Rights and Legal Matters of the Senate on Wednesday in Abuja, to explain his role in the matter.
He explained that while the Senate had powers to regulate its procedures, the case was instituted because there was alleged breach of procedure.
“I wish to state that I have a clear obligation to do whatever that can possibly be done to sustain democracy.
“Section 60 of the 1999 Constitution (Amended) states that the National Assembly shall have powers to regulate its own procedure.
“ If the procedure in question is not followed, then it does not fall within section 60 of the Constitution.
“ When the need for amendment of the Senate Rules arose in 2011, the Senate conducted a proceeding and passed resolution for amendment.
“The 2015 rule as allegedly amended did not pass through the traditional way of doing things. That is where the inherited quarrel comes into being.
“In as much as Senate has powers to regulate its procedures, any rule that is not following the processes as stated is a breach. The need to prevent abuse behoves on me.
“The parameter, arising from the breaching of section 60 is to ensure that I take logical criminal step to ensure that things are done within the constitutional provision,’’ he said.
The AGF said that commenting on the substantive suit currently before the court of law would be subjudice.
He said that his action was in the interest of justice and to prevent abuse of office.
He, however, apologised for not being able to honour previous invitations to him to appear on the matter.
“I am in receipt of a letter dated June 21, from the committee, addressed to the AGF’s office titled “Imminent Threat to our Democracy’’ on account of which I was invited to deliberate upon.
“The issue that lead to the invitation is a criminal case that is instituted by the AGF office against certain members of the Senate as at the time of the alleged commission.
“ It predates my appointment; it is suit FHC/ABJ/CS/646/2015. It was instituted at the instance of a serving senator, Sen. Gilbert Nnaji and it was filed on July 23, 2015.
“The Police as at July 23, 2015 concluded investigation over the alleged forgery. I was appointed on Nov. 12, 2015 and that was four months after the conclusion of the investigation.
“ As at the time I came into office, there existed that investigation.
“Arising from the fact that the case already existed, I have an obligation for sustenance and I instituted an action arising from that.
“I want to submit that it is for the sustenance of rule of law and not desire to truncate the process of democratic processes which I am bound by law to protect,’’ the minister said.
In his reaction, Chairman, Committee on Judiciary, Human Rights and Legal Matters, Sen. David Umaru, said that the suit against some principal officers of the senate was an executive interference in legislative matters.
He said the Constitution was clear on the separation of powers and should not be abused by any arm of government.
“The issue of rules has its foundation from Section 60 of the 1999 Constitution.
“ On the alleged forgery of our rules, the Senate can even decide not to have any. For the executive to make the internal affair of the Senate an issue looks as if it is intruding.’’
Umaru made clarifications that the purpose of inquiry was not to look at the criminal case that was pending on forgery and conspiracy.
“We feel the AGF owes a duty to the citizens of Nigeria, including the Senate, to know if his power is exercised in public interest and that there is no abuse of public interest,’’ he said.
The Senate on Tuesday gave the AGF the last opportunity to appear before it on Wednesday to explain his role in the alleged forgery of 2015 Standing Orders.
