One of Nigeria's most prominent Human Rights Lawyers,political
activist and Senior Advocate of Nigeria(SAN) on saturday, urged the
president of the senate Bukola Saraki and his deputy to face their
trials and stop making it look like they were being victimised.
Femi Falana SAN, said this in a lecture he delivered at the 60th
birthday celebration of the secretary to the Edo State Government
Prof. Julius Ihonvbere. The lecture was titled "The Limits of
Executive Immunity". It was held in Benin, capital of Edo State.
The Lawyer also stated that the constitution provided immunity
from prosecution only to governors and the president and not to
lawmakers. He expressly faulted the invitation extended to the
Attorney General of the Federation by the senate, insisting that the
Attorney General Abubakar Malami was answerable only to the President
himself. Falana went on to urge the Senate leaders to face the forgery
case levelled against them and "stop politicising the whole issue".
"As the leader of the national assembly you are above the board
and that is why you must be very careful". He said. He also added that
there was no more total immunity both at the state and national levels
and so any criminal case must be treated as such. Falana also made
reference to the case of the Ekiti State Governor and EFCC, he said
that contrary to the claims of Governor Fayose that it was
unconstitutional to freeze his Zenith bank accounts, his issue was a
criminal case, involving an account that had a lot to do with illegal
transactions. And so the Economic and Financial Crimes Commission had
the right to freeze his accounts pending his leaving office and facing
charge.
Falana also stated that the Senate is mandated by the dictates of
the constitution to reports any activities of forgery of its rules to
the Attorney Genaral but it failed to do that. And that the Attorney
General of the Federation had every constitutional rights to prosecute
the case, while he remains answerable only to the president.
The senate last week had sent a summon to the Attorney General of
the Federation Abubakar Malami on thursday, but the AGF failed to meet
the appointment, the AGF sent the representative of the President
instead. But the representative was promptly walked out of the senate
meeting. With the lawmakers insisting that they wanted only the
presence of the Attorney General. The AGF had been summoned by the
Senate to explain his reasons for prosecuting a case that albeit
mattered only to the Senate and was none of his business.
The prosecuted lawmakers were arraigned before a Federal high
court in Abuja,and were granted release on the condition which they
met there at the court premises. About 24 hours later, Senator Ike
Ekweremadu, the deputy Senate President addressed a letter to the
international community on the case. In the letter,he claimed that he
and his boss Bukola Saraki were being prosecuted as an attempt by the
party in power to threaten democracy and witchhunt its opponents.
The senate is yet to decide on any action to take against the AGF
for shunning their summons.
About a month ago, Femi Falana had heavily criticised the request
of the Senate for immunity and pension for life, terming it "satanic
and devoid of a clear conscience". He said that no serious nation
could grant immunity to a legislature that had been deeply enmeshed in
cases of forgery,rape,sexual abuse and diversion of public funds. He
also said that all hands were on deck around the human rights
community to ensure their request was not granted.
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activist and Senior Advocate of Nigeria(SAN) on saturday, urged the
president of the senate Bukola Saraki and his deputy to face their
trials and stop making it look like they were being victimised.
Femi Falana SAN, said this in a lecture he delivered at the 60th
birthday celebration of the secretary to the Edo State Government
Prof. Julius Ihonvbere. The lecture was titled "The Limits of
Executive Immunity". It was held in Benin, capital of Edo State.
The Lawyer also stated that the constitution provided immunity
from prosecution only to governors and the president and not to
lawmakers. He expressly faulted the invitation extended to the
Attorney General of the Federation by the senate, insisting that the
Attorney General Abubakar Malami was answerable only to the President
himself. Falana went on to urge the Senate leaders to face the forgery
case levelled against them and "stop politicising the whole issue".
"As the leader of the national assembly you are above the board
and that is why you must be very careful". He said. He also added that
there was no more total immunity both at the state and national levels
and so any criminal case must be treated as such. Falana also made
reference to the case of the Ekiti State Governor and EFCC, he said
that contrary to the claims of Governor Fayose that it was
unconstitutional to freeze his Zenith bank accounts, his issue was a
criminal case, involving an account that had a lot to do with illegal
transactions. And so the Economic and Financial Crimes Commission had
the right to freeze his accounts pending his leaving office and facing
charge.
Falana also stated that the Senate is mandated by the dictates of
the constitution to reports any activities of forgery of its rules to
the Attorney Genaral but it failed to do that. And that the Attorney
General of the Federation had every constitutional rights to prosecute
the case, while he remains answerable only to the president.
The senate last week had sent a summon to the Attorney General of
the Federation Abubakar Malami on thursday, but the AGF failed to meet
the appointment, the AGF sent the representative of the President
instead. But the representative was promptly walked out of the senate
meeting. With the lawmakers insisting that they wanted only the
presence of the Attorney General. The AGF had been summoned by the
Senate to explain his reasons for prosecuting a case that albeit
mattered only to the Senate and was none of his business.
The prosecuted lawmakers were arraigned before a Federal high
court in Abuja,and were granted release on the condition which they
met there at the court premises. About 24 hours later, Senator Ike
Ekweremadu, the deputy Senate President addressed a letter to the
international community on the case. In the letter,he claimed that he
and his boss Bukola Saraki were being prosecuted as an attempt by the
party in power to threaten democracy and witchhunt its opponents.
The senate is yet to decide on any action to take against the AGF
for shunning their summons.
About a month ago, Femi Falana had heavily criticised the request
of the Senate for immunity and pension for life, terming it "satanic
and devoid of a clear conscience". He said that no serious nation
could grant immunity to a legislature that had been deeply enmeshed in
cases of forgery,rape,sexual abuse and diversion of public funds. He
also said that all hands were on deck around the human rights
community to ensure their request was not granted.
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