The face-off between the Senate and the Presidency is set to escalate upon the Senate’s rebuff of the plea by Attorney-General of the Federation, Abubakar Malami, to defer the summons to the Comptroller-General of Customs, Col. Hameed Ali (retd).
Clerk of the Senate, Mr. Nelson Ayewoh, at the weekend, has been instructed to write Mr. Malami to formally reject his claim that the Senate cannot summon Ali upon the claim that the Customs C-G has gone to court to stop the Senate from compelling him to appear in uniform before it.
This came as the ruling party, the All Progressives Congress, APC, yesterday, announced its resolve to intervene in the on-going rift between the Executive and the National Assembly, saying a meeting had been fixed between its National Working Committee, NWC, and party’s Senate caucus tomorrow. The party also warned of dire action against troublemakers who might derail its trouble-shooting venture. A top level source in the Senate said, yesterday, the decision to rebuff Malami was upon the claim that it would set negative consequences that could in the future open the Senate to injunctions that could stop it from performing its constitutional duties. It would be recalled that Malami had in a letter dated March 21, 2017, written the Senate through the clerk, demanding that the Senate put on hold, further actions against the C-G of Customs as the matter had been taken to court.
“I wish to formally intimate you that I am in receipt of a letter dated March 20, 2017, wherein I have been served with an originating summons in respect of the above subject matter (copy attached). “In line with the principles of rule of law, Court decisions or most importantly, the declarations sought have been deeply rooted in the constitutional provisions; I hold the view that this matter is sub-judice,” the AGF said. The court action was upon the Senate order on Ali to appear before the legislative body in uniform to explain the service’s practice of confiscating old vehicles with irregular Customs papers.
The Senate had upon the letter and the refusal of Ali to appear before it, passed a resolution asking President Muhammadu Buhari to strip him of his position on the claim that he was not worthy to hold public office. Affirming the Senate’s rejection of Malami’s claim that the Senate cannot deliberate on the issue as Ali has gone to court, the source said: “Senate President, Bukola Saraki, has mandated the Clerk of the Senate, Nelson Ayewoh, to write a letter to the Attorney – General and Minister of Justice, Abubakar Malami, that the letter he wrote on the issue of the Customs Comptroller-General, Hameed Ali, is not tenable in law in accordance with the principle of separation of powers. “If the Senate honours the letter written to the Senate by the Presidency, it would serve as a bad precedence in the country where anyone could wake up tomorrow and drag the Senate to court anytime things do not go his or her way.
“The Senate in the letter will make Malami know that no arm of government can be stopped from performing its constitutional duty. “For instance, a case has not been allotted to any judge or a restraining order, therefore, does it mean that anyone can just file a case and the Attorney- General can say that the Senate should stop it?” APC meets Senate caucus tomorrow Meanwhile, as part of its initiative to douse tensions, the APC National Working Committee, NWC, will tomorrow meet with the party’s caucus in the Senate. The NWC had penultimate week, also met with the party caucus in the House of Representatives.
It was the first meeting between the caucus and the party’s NWC. Ahead of tomorrow’s meeting, party spokesman, Mallam Bolaji Abdullahi, said the party was building upon the peace process earlier initiated by President Buhari who constituted a team led by Vice-President Yemi Osinbajo to also mediate on the crisis. “The Party reiterates its commitment to ensure that the relationship between the two critical arms of government improves further, and commended the National Assembly leadership for its maturity and pre-disposition to have all the issues resolved as quickly as possible in the interest of the party and the nation as a whole,” the party said in the statement.
However, warning of stiff action against those who derailed the peace process, the party concluded: “The party, however, warns that it would not hesitate to take appropriate action against any member whose utterances or behaviour are capable of jeopardizing the peace initiatives or further worsening the existing situation.” The Catholic Archbishop of Lagos, Most Rev. Alfred Adewale Martins, yesterday pleaded with the Presidency and the Senate to consider the interest of the citizenry and resolve the current face-off between them. Martins made the appeal in Lagos after inaugurating St. Joseph’s Medical Centre and a guest building built by parishioners of St. Joseph’s Catholic Church, Gowon Estate, Egbeda.
Prior to inaugurating the projects worth N77million, he administered the sacrament of Confirmation on 785 youths from the Ipaja Deanery. Confirmation, he said, made recipients soldiers of Christ, ever-ready to preach the gospel to any end of the earth and always work in God’s vineyard. Martins said that the misunderstanding between both arms of government was uncalled for and could distort the growth of the already dwindling economy and the nation at large.
The sour relationship between the two bodies followed the Senators’ demand that the Acting Chairman of the Economic and Financial Crimes Commission, Mr Ibrahim Magu, be sacked and the presidency not meeting that request. The development has resulted in the legislators suspending for two weeks the screening of 27 nominees for appointment as Resident Electoral Commission (RECs) by President Muhammadu Buhari.
While some backed the lawmakers and wonder why the president was insisting on Magu being the Chairman of EFCC, others supported the presidency and blamed the lawmakers. Similarly, others called for immediate resolution of the misunderstanding with the fear that it portends danger for the country. “Indeed the present face-off that we can see here is certainly not helping the good of the nation. People are suffering all kinds of deprivations, our people are having all kinds of difficulties, more than ever before, we are having people frustrated so much as to commit suicide.
“This is becoming more and more prevalent among us, and therefore, one expects that they will bring all their energies together in order that it will improve on the economy, in order to improve on the welfare of the people. “So, we just want to continue to ask them not to forget that they have a duty to serve the people given to them by God, because God is the source of all power if they occupy that position today, it’s because God willed it and they are going to give account one day,” he said.
“Therefore, they should do it with the best of intentions and with the best of desires, one thing that is important is to say is that whatever the case may be, the common good, the good of the people ought to be the primary factor in the relationship between every arm of government. “If the senate is doing its work purely for common good not because of some selfish reason, or in retaliation for what it sees another arm of government has done, then whatever he is doing must be good.
“But if it’s in retaliation for whatever another arm of government has done or with not a good clear conscience, then obviously, there is something evil about that.” Click to signup for FREE news updates, latest information and hottest gists everyday
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At this point Buhari has to sack Ali
ReplyDeleteThe unfortunate thing here is that are courts are considered lacking in integrity. Otherwise, d senate should be patient for d courts to decide. They should not see themselves as d alpha & omega now, hiding under d parlance of "separation of power". Let our democracy grow under d watchful eyes of d legislative arm like in advance countries.
ReplyDeleteGentle men and ladies, I am of the opinion that no one man is bigger than a Nation..Before Alli took that position, he knew that it was a body in Uniform.for Alli to refuse appearing to senate in uniform is a slight not on the senate but on the entire Nation. Alli should resign if he is too big to be in Uniform
ReplyDeleteThat position is for career civil servants in d custom services. U can continue to politicized civil service institutions & not face some challenges like this one now. Let d courts decide. Whatever angle f pendulum swings, it become binding and for future reference.
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DeleteThis section of the constitution does not have any business with this. The custom act does not even give the president power to nominate its Controller General. The controller general is suppose to be nominated by the DG's of customs in the form of choosing one of the DG's as the Controller General,not bringing a civilian into the position.This position is a paramilitary position which enact one to put on uniform. If this man is not proud of his job he should resign. APC are opposition to them self. This kind of drift has never happened in the past. Its a clear definition that the party has serious in house problems
DeleteCheck section 171 subsections 1 to 6 and see who has final power between president and senate
ReplyDeleteThey are separations of powers. This is democracy not autocracy. The president has his voice,and he represents the people of Nigerian. The voice of Nigerian citizens are the Senate and Rep.members which represents all the constituencies in the 36 states of Nigeria.
DeleteIf executive try to stop them in one thing or the other they said separation of powers, but now they are comanding executive to remove MAGU, which kind of people are those very selfish
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