He also said any senator or a member of the House of Representatives accused of any wrongdoing must be investigated by the appropriate agency.

He said he could not come to terms on why the National Assembly passed a vote of no confidence on Inspector-General of Police Ibrahim Idris.

Malami who bared his mind on Wednesday night while featuring on a Channels TV programme, “The Core”, anchored by Kadaria Ahmed, said instead of the National Assembly challenging Buhari on insecurity and unemployment, it should realise that it failed to pass the 2018 budget on time.

“Issues were raised by the National Assembly during their session that they think constituted perhaps misconduct, but then within the context of the issues raised, we need to reassess them. Let us take, for example, the issue of insecurity or perhaps the issue that borders on unemployment, among others.

“For the past seven months, for example, the Executive placed the budget before the National Assembly for passage. For instance, you have around N1trillion that was intended to address insecurity but it has just been passed.

“On unemployment, over N900 billion was embedded in the budget and meant for social investment programme of the Federal Government. Within seven months period, senators, for instance, were taking over N3billion as wages within the seven months while the social security investment meant for the masses was not attended to.”

On the allegations against some members of the National Assembly by the police and security agencies, Malami said “My immediate reaction to it is that you have to look at the issues and not the personalities. The time is right in this country when we have to start separating individuals from the institutions.

”Fundamental issues of consideration when an allegation is made is whether there is indeed an issue or not.

“If, for instance, someone is alleged to have committed an offence and there are reasonable grounds for suspicion, there should be investigation. Are we now saying that simply because he belongs to the legislature, Senate or House of Representatives, he should not be investigated simply because he belongs to that institution?”

Malami said oversight responsibility by the National Assembly was not open ended, stating that he could not come to terms with the reality of the declaration of the vote of no confidence on the IG by the National Assembly.

“Before analysing or coming to conclusion as to whether the oversight functions have been properly conducted by the National Assembly, I think the major consideration has to be situated within the context of the constitution. Within the purview of the constitution, if you look at Section 4 of the constitution alongside Section 88 of the constitution, I think the fundamental functions of the legislature is lawmaking within the context and spirit of Section 4 of the constitution and two, is oversight.

“The oversight function is not open-ended in all sincerity. Within the context of the workings of the ministries, departments and agencies, the major responsibility of the National Assembly is exposing corruption. That is the bottom line. I cannot in all sincerity come to terms with the reality of the declaration of the vote of no confidence against the IG, where to situate it within the context of the lawmaking responsibility of the National Assembly and within the context of exposing corruption.”

Malami said: ”We must within the context and spirit of democracy learn to operate within bounds of our respective constitutional rights, responsibilities.”

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In the query dated February 16, 2018 and with Reference No DPP/ADV:368/15 and obtained by PRNigeria, Magu was ordered to make his response to the query available to the Attorney General of the Federation (AGF) and the Minister of Justice on or before Tuesday, February 20, 2018.

In the query, signed by Dayo Apata, the Solicitor General of the Federation and Permanent Secretar, Magu is to explain what informed the filing of corruption charges against the tribunal chairman having being cleared of corruption allegation two times by the same Economic and Financial Crimes Commission.

Titled “FR VS Danladi Umar (CR/109/18) request for Briefing,” the query read in part: “The attention of the Honourable Attorney General of the Federation was drawn to news report that the Economic and Financial Crimes Commission has filed charges of corruption against the Chairman of the Code of Conduct Tribunal, Hon. Justice Danladi Umar, before the FCT High Court.

“I am directed by the Honourable Attorney General of the Federation to seek clarification from you as to whether the charges were filed on your instruction or directive and if in the affirmative, what is the compelling basis for doing so. This clarification becomes imperative in view of the following background facts.

“The Commission’s investigation report dated 5th March 2015 addressed to the Secretary to the Government of the Federation stated as follows: “The facts as they are now against Justice Umar raised a mere suspicion and will therefore not be sufficient to successfully prosecute for the defence.

“The Commission’s position in paragraph 2(a) above was also maintained and sustained by the Honourable Attorney General of the Federation while appearing before the House of Representatives’ Investigative Committee sometimes in 2015 to the effect that report of investigations showed that the allegations against Hon. Justice Danladi Umar were based on mere suspicions.

“In view of the foregoing, the Honourable Attorney General of the Federation requests for your prompt briefing as to the existence of new facts which are contrary to the position in your attached investigation report, sufficient evidence or other developments upon which the prosecution of Hon. Justice Danladi can be successfully based.

“Kindly accord this letter top priority while your prompt response within 48 hours from the receipt of same is required in the circumstances.”

In the same vein, in a separate letter to Keyamo who was purportedly engaged as a private lawyer by Magu to prosecute the CCT boss was also requested by the AGF to confirm who authorise him to file the corruption charge against Umar.

Like Magu, the senior Lawyer was given till Tuesday February 20, 2018 to furnish the Office of the AGF in writing detail of who engaged or issued him with authority to file the corruption charges.

The letter to Keyamo with reference No DPP/ADV:369/15 dated February 16, 2018, which was also signed by the Solicitor General of the Federation and Permanent Sectary read in part:

“The attention of the Honourable Attorney General of the Federation was drawn to news report that you have filed charges of corruption against the Chairman of the Code of Conduct Tribunal, Hon. Justice Danladi Umar, before the FCT High Court.

“The Honourable Attorney General of the Federation hereby requests that you kindly furnish this office with the details of the instruction or authorization upon which you instituted the case under reference. Kindly accord this letter top priority while your prompt response on or before Tuesday, February 20, 2018 is solicited in this regard.”

Although the EFCC in two separate letters to the Federal Government through the Secretary to the Government of the Federation had in 2015 and 2016 cleared Umar of any wrongdoing in the alleged N10 million bribery allegation made against him by a defendant, Rasheed Taiwo Owolabi standing trial before him on false asset declaration.

Upon receipt of the petition from Owolaabi, the EFCC had investigated the petition and sent its report to the Secretary to the Government of the Federation (SGF) with a Reference No EFCC/EC/SGF/03/56 dated March 5, 2015, personally signed by the then Executive Chairman of the EFCC, Mr. Ibrahim Lamorde exonerating the CCT boss from the bribery saga.

The EFCC report received by the office of SGF on March 6, 2015 was categorical that “the facts as they are against Justice Umar raised a mere suspicion and will therefore not be sufficient to successfully prosecute for the offence.”

Other EFCC’s documents show that in 2016 a fresh investigation was conducted into the same N10mn bribery allegation and the same anti-graft agency in its second report absolved Umar of any wrongdoing and that the bribery allegation against him remain a mere suspicion. The EFCC’s second report with reference EFCC/P/HRU/688/V30/99 dated April 20, 2016 and submitted to the SGF and signed by the Secretary to the Commission, Emmanuel Adegboyega Aremo, read in part: “Kindly recall our correspondence of March 5 2015 with Reference EFCC/EC/SGF/03/56 with above subject caption. We will like to reiterate the Commission’s position in regard to this matter as earlier communicated to you and state that the allegation levelled against Justice Umar were merely suspicions and consequently insufficient to prosecute the offence.”

Finding by PRNigeria revealed that the action of Magu in instituting criminal charges against Umar has caused serious confusion and embarrassment to the Federal Government because the EFCC reports had made clear that the CCT boss had no case to answer.

The AGF was said to have been thoroughly embarrassed with the corruption charges because he had already informed the National Assembly that Umar had no corruption case to answer based on the two reports of EFCC to the Federal Government.

PRNigeria gathered that the Federal Government was infuriated by the action of Magu in engaging Keyamo as a private counsel to prosecute the CCT boss in purported corruption charge because, the same Keyamo is the counsel to Rasheed Taiwo Owolabi who is standing trial at the Code of Conduct Tribunal and who made the allegation in the course of his trial on criminal offence.

However, there are indication that the corruption charge against the CCT boss may be dropped by so as not to cause further embarrassment to government in its fight against corruption.

A source said the Federal Government has to be consistent in its fight against corruption and that having cleared Umar on two occasions on the same issue, saw no reason to somersault on the issue, hence the need to withdraw the corruption charges.

The EFCC had on February 2, brought a two-count charge against the CCT Chairman Danladi Yakubu Umar bordering on alleged receipt of N10m bribe from one Rasheed Owolabi Taiwo in the charge signed by Festus Keyamo as a private prosecuting counsel and one Offem Uket an official of EFCC.

Umar was accused of receiving N1.8mn through his Personal Assistant, Gambo Abdullahi for a favour to be afterwards shown to the petitioner who was standing trial for a criminal offence before the tribunal. No date has been fixed for arraignment of the CCT boss at the High Court of FCT, Abuja

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The organization also urged Buhari to “instruct appropriate authorities to publish details of how his government plans to spend and monitor the spending of the $85m returned by the United Kingdom from the controversial Malabu deal involving $1.6bn, so as to remove the risks of corruption or mismanagement of the money.”

The Special Adviser on SIP, Maryam Uwais, had last week reportedly disclosed that the Economic and Financial Crimes Commission (EFCC) was invited to probe ‘massive fraud’ and other corrupt practices like short-changing, racketeering, harassment of beneficiaries and exploitation of the vulnerable plagued the scheme in some states.

SERAP in a statement Monday by its deputy director Timothy Adewale said, “While we welcome the reported disclosure of fraud and corruption in the SIP and the request to the EFCC to probe the allegations, we are concerned that sufficient details about the allegations have not been disclosed. Nigerians have the right to know more about the allegations, including the names of the states involved, and whether the recently returned $321m Abacha loot was affected by the reported fraud and corruption.”

According to the organization, “It is important for the government to identify and remove the risks of corruption in the SIP as fast as possible and let Nigerians know the exact steps the authorities are taking to protect public funds, including the returned Abacha loot, in the implementation of the SIP. Part of this could include naming and shaming the states and contractors involved, to serve as deterrent to others and to preserve the integrity of the SIP.”

The statement read in part: “Transparency in the spending of returned Abacha loot and Malabu funds is absolutely important to ensure that the funds are utilized for tackling poverty and inequality in the country and not mismanaged, diverted or re-stolen. The authorities should actively take steps to prevent any misuse of the repatriated funds.”

“It is in the public interests, especially victims of corruption, and the government, to maintain good practices with regard to the spending of all assets recovered. This would also make repatriation easier and the countries where our commonwealth has been diverted would have no difficulty in disgorging the looted funds.”

“The effectiveness of the SIP will be determined by the level of trust the citizens have in the mechanisms put in place by the authorities to prevent fraud and corruption in the implementation of the scheme. State governments and their officials should not be allowed to undermine citizens’ access to the SIP, and any states involved in fraud and corruption should be named and shamed.”

“We also urge the government to appoint ‘integrity advisors’ as ‘early warning mechanism’ for the SIP to monitor the implementation of the scheme across the states of the federation, identify and alert on any risks of fraud and corruption, and engage in analysing such risks, as well as in corruption prevention and reporting activities in general. It is also important for the authorities to promote and encourage whistle-blower complaints in the implementation of the scheme.”

“The authorities should take these proactive measures to combat allegations of fraud and corruption in the SIP if state officials are not to continue to profit from public funds meant to address the situation of the vulnerable groups in the society, and if the credibility and integrity of the SIP is not to be undermined.”

Ms Uwais had reportedly said that, “A total of 7,812,201 Nigerians are direct beneficiaries of the SIP, which include home-grown school feeding programme, conditional cash transfer, N-Power; while secondary beneficiaries – mainly farmers and cooks – are about 1,500,000. The total actual spending on SIP in 2016 and 2017 is just 15.58 percent of the budget. Half a trillion naira had been budgeted for each of the two years, meaning that only N158 billion had been released and spent.”

She also disclosed that challenges encountered so far had been “Corrupt practices in the states, like shortchanging, racketeering and harassment of beneficiaries; exploitation of the vulnerable. Some officials had siphoned money to illegal bank accounts.” The Federal Government established the National Social Investments Programmes (NSIP) in 2016, to tackle poverty and hunger across the country. The suite of programmes under the NSIP focuses on ensuring a more equitable distribution of resources to vulnerable populations, including children, youth and women.

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The raging scandal over the OPL 245 oil block began in 2011 when the Goodluck Jonathan administration approved its purchase by Shell and Agip-Eni from Malabu Oil and Gas Ltd., a suspected briefcase firm with ties to Dan Etete, a convicted criminal who was Nigeria’s petroleum minister from 1995 to 1998.

The Jonathan administration officials who participated in the negotiation preceding the controversial sale of the massive oil block included Mohammed Bello Adoke, Attorney-General at the time; and Diezani Alison-Madueke, who was petroleum minister.

Jonathan himself was named by investigators as being involved in the alleged fraud, but the former president strongly denies the charges.

The Economic and Financial Crimes Commission, EFCC has been pursuing fraud and criminal conspiracy charges against Adoke, Etete and their alleged accomplices since 2016. Messrs. Adoke and Etete are believed to be at large, and the anti-graft agency had repeatedly sought to fish them out.

Messrs Adoke, Etete, Alison-Madueke and all other officials named in the scandal have denied wrongdoings.

Adoke said the sale was approved to save Nigeria from huge financial losses that could arise from international arbitration lawsuits.

Besides, Malami said, the Nigerian government risks being portrayed before the international community and foreign investors as an unserious country that could not be trusted to live up to its obligations to international partners.

“Clearly, potential investors will not have the confidence to invest in Nigeria if the government of the country is perceived as one which does not honour its commitments,” Malami said of the OPL 245 oil deal which was approved by at least three former Nigerian Attorney-Generals.

The September 27, 2017 letter advised the president to pursue Nigeria’s possible investment in the disputed oil blocks rather than trying to repossess it or prosecute former Nigerian government officials or Shell or Agip-Eni chiefs involved in the deal.

Malami’s letter came as the EFCC ramps up legal efforts towards bringing Mr. Adoke back into Nigeria to face prosecution. But Malami insisted that the anti-graft office is on a wild goose chase and that the president should immediately intervene to save Nigeria from international embarrassment and reputation damage.

“There is nothing to show that the parties as constituted were at all times working together and having ‘meeting of the mind’ to wit to forge CAC documents and use some for the purpose of divesting the shares of the complainants and thereafter enter into a settlement agreement with FGN and other parties to take delivery of the proceeds of sale OPL 245.

“There is also nothing in the proof of evidence to support the charge money laundering and it is therefore impossible for the prosecution to prove the elements which include illicit funds, transfer for such through various channels to re-introduce same again into the regular financial system as legitimate funds in financial institutions etc.

“Without the express proof of these elements, the count may not be sustained on the premise of the attached proof of evidence.

“The EFCC investigation and attached proof of evidence do not appear to have clearly revealed the case of fraud against the parties who claimed to have acted in their official capacities with the approval of three consecutive presidents of the federal government of Nigeria at the time with further claim that the matter was intended to be resolved in national interest thereby saving the nation acrimonious litigations resulting in high legal fees and the dormancy of the oil field while litigation lasted,” Mr. Malami said.
Mr. Malami said Nigeria should take advantage of some favourable clauses in the agreement that allowed for government’s ownership of a part of the oil field.

“Your Excellency, the beneficial approach I counsel in the circumstances is for the federal government to take advantage of the terms of the agreement under clauses five and 11 to acquire a stake in the OPL 245 converting it to a production sharing contract (PSC) between FGN/NNPC, Shell and Agip after negotiating with the ENI/Shell to absorb the cost of the FGN/NNPC entry under the said clauses five and 11 through the PSC mechanism,” Mr. Malami said.

The Nigerian government, through the EFCC, has been trying to take possession of the lucrative oil deal, estimated to hold more than nine billion barrels of crude.

However, the Minister of State for Petroleum, Ibe Kachikwu, has been mounting pressure on the administration to allow Agip-Eni continue development of some parts of the field.

“Total investment from Agip involved in both the Zabazaba field, the power plant and the new refinery is in excess of $15 billion. That is major push in terms of our search for investment,” Kachikwu said after emerging from another meeting with then-Acting President Yemi Osinbajo at the State House on May 9, 2017.

The confusion in Nigeria over the scandal continues as Italian prosecutors are proceeding with criminal charges against Shell executives suspected to be involved in the OPL 245 deal. The prosecutors are also reportedly making progress in their criminal allegations against some Nigerian players named in the scandal.

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In a statement by Senator Aliyu Sabi Abdullahi, Chairman of the Senate Committee on Media and Public Affairs, the Senate said it was surprised that the AGF who had utilized the ample opportunity given to him by both chambers of the National Assembly to state his case on the Maina issue is now the one going to court to stop the legislature’s investigation.

“We are wondering what the AGF is afraid of. When he appeared before our committee, he was well received and fairly treated. He indeed expressed his happiness with the protection given to him by the committee handling the Maina case. Why then is it very important and urgent for him to stop the investigative hearing? What is the AGF trying to hide?

“Let it be known that the legislature has the power of investigation on all institutions, bodies and individuals, particularly those who access funds that have been appropriated by us. We however expressed our commendation to the judiciary for upholding the principles of separation of powers and insisting on fair hearing. We believe that is the reason why the judge refused to grant the prayers of the AGF yesterday and rather insisted that the National Assembly should be put on notice and served all the court processes so that we could enter our own defence.

“While we respect the position of the court and would respond accordingly, the Senate has further directed the committee investigating the Maina issue to expedite action and submit their reports on time. The Senate believes Nigerians are interested in knowing the how, who , why and where of what is now known as the ‘Maina Gate’. We definitely will not allow those who want the facts buried to prevail”, Abdullahi stated.

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Malami, who grudgingly spoke to Vanguard, last night, said he would rather respond to the avalanche of allegations against him when he formally appears before the Senate, which had summoned him to speak on his role on the entire saga.

Malami, who did not make reference to anyone, nonetheless, described the allegations made against him as ‘a grand conspiracy and mischief’ but did not explain who the conspirators were and what the mischief was.

Pressed to clear himself of the weighty allegations, Malami said: “I am a legal practitioner, who is always guided by law and public interest and will therefore not do anything that deviates from the law or breaches public interest.

“I believe that Nigerians are entitled to know the truth in the entire saga and I am ready to speak directly to them when I appear before the Senate since I have been summoned by the legislature, which is investigating the matter.

“I will not however talk until I get clearance from my principal on the matter and I look forward to addressing anxious Nigerians on the matter when I appear before the Senators,” the minister said.

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NPA, in a statement by Abdullahi Goje, General Manager, Corporate and Strategic Communications said it is compelled to issue this statement in reaction to questions raised by the general public on the threat by Intels.

“To start with, we must inform our stakeholders and the general public that the Authority relied on the advice of the Attorney General of the Federation (AGF) and Minister of Justice, in arriving at the decision to terminate the contract.”

It said that the legal advice was sought after more than one year of attempts to get Intels to comply with the Federal Government’s directive on the Treasury Single Account (TSA).

The first such correspondence, it said, was through a letter written by the former Executive Director, Finance and Administration, Olumide Oduntan on June 28, 2016 directing the company to pay all revenues collected on behalf of the NPA into the TSA sub account at the CBN.

It said that all further attempts by the Authority to get the company obey this directive was met with various excuses until the Authority wrote to seek the AGF’s legal advise on how to proceed with the NPA/Intels relationship in a letter dated May 31, 2017.

The legal advice contained in a September 27, 2017 letter addressed to the Managing Director of the Authority, Hajia Hadiza Bala Usman, by the Attorney General of the Federation (AGF) and Minister of Justice, Mallam Abubakar Malami (SAN) expressly stated as follows: “For the avoidance of doubt, the agreement for the monitoring and supervision of pilotage districts in the Exclusive Economic Zone of Nigeria on terms inter alia that permits Intels to receive revenue generated in each pilotage district from service boat operations in consideration for 28% of total revenue as commission to Intels is void, being a contract ex facie illegal as formed for permitting Intels to receive federal government revenue contrary to the express provisions of Sections 80(1) and 162(1) and (10) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), which mandates that such revenue must be paid into the Federation Account/Consolidated Revenue Fund.

“In the premise of the above, the conflict between the agreement and the TSA policy presents a force majeure event under the agreement, and NPA should forthwith commence the process of issuing the relevant notices to Intels exiting the agreement which indeed was void ab initio.”

As a responsible agency of the Federal Government, the Authority said it therefore proceeded to act as advised, which is to terminate the contract forthwith.

“The Authority has taken note of threats by Intels to withdraw its investment plans in Nigeria and must point that business thrives in favour of everyone involved only when the laws of the country of operation are adhered to.

“No organisation is above the Nigerian constitution and it is only when all corporate entities obey the laws of the country that everyone benefits. There must be a level playing field for all players in the sector and this is the commitment of the Authority.”

However, NPA said that it respects the right of Intels and all other corporate entities in Nigeria to explore opportunities presented by the courts to enforce their rights in as much as the Authority is confident of the correctness of the step that it has taken.

“The board and management of the NPA is committed to serving the best interest of Nigeria at all times and this is what has happened in the case under discussion,” the statement stressed.

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Saleh was charged alongside Muhammed Sheriff, the Director of Finance and Rilwanu Lawal, the Chief Accountant of the apex court.

NAN also reports that previous attempts to arraign the three defendants in the past were stalled.

At the resumed session, the Prosecution Counsel, Mrs Hajara Yusuf, informed the court that she was directed by the Attorney General of the Federation to withdraw the matter.

Yusuf, however, did not advance reasons for the withdrawal.

“My lord, I have been mandate from the office of the Attorney General of the Federation to withdraw the charges against the three persons,’’ she said.

Following the oral application, Justice Abba-Bello Muhammed, ordered for the withdrawal of the charges against the defendants.

The defendants were initially charged with conspiracy, criminal breach of trust and accepting gratification as public officers.

The defendants were accused of misappropriating N2.2 billion belonging to the apex bank between 2009 and 2016.

The offence was in contravention of Section 10(a) (i) of the Independent Corrupt Practices and Other Related Offences Act 2000 and punishable under the same Section of the Act.

The defendants were also charged with contravening the provision of Section 96 of the Penal Code.

The charge also alleged that they obtained gratification totaling N80million contrary to the ICPC Act.

The Federal Government also alleged that the defendants obtained N2.4million gratification from Welcon Nigeria Ltd, N16million from Dean Musa Nig. Ltd.

The defendants were also alleged to have collected N19million from Ababia Ventures Ltd as gratification.

The companies were private contractors that provided services to the apex court.

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On two occasions — June 21 and June 30 — failed to appear before the senate’s committee on judiciary, human rights and legal matters to explain the rationale behind the forgery charges against Bukola Saraki, the senate president and his deputy, Ike Ekweremadu.

On one of those occasions, the senate walked out a representative of the AGF.

Saraki’s ruling was sequel to a point of order raised by David Umaru, chairman of the committee who informed the senate that Malami had expressed regrets and was seeking another chance to appear before the aforementioned committee.

Expressing his displeasure over the action of Malami, Umaru had said: “The purpose of this hearing was to defend Nigeria’s democracy but the attorney-general has faulted the invitation of the senate again.”

Also speaking, a member of the committee, Chukwuka Utazi, described the action of the AGF as a slap in the face of the senate.

“This is a slap in the face of the senate as the AGF has refused to appear before the committee after being summoned,” he had said. “We just want to ask the AGF a few questions to clarify all these issues, but he has failed to respond to our invitation.”

On June 21, the upper legislative chamber had summoned Malami, but he also failed to honour the invitation.

Following his refusal to appear before the senate, the senate president On Tuesday mulled invoking a relevant session of the senate’s rules to comply him to honour the invitation.

But just hours after the threat, Malami came knocking and held secret meeting with the senate president at the National Assembly.

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The two and others are alleged to have forged the senate rule ahead of the election of principal officers in June last year.

The court summon, inviting Saraki and Ekweremadu over alleged forgery of Senate Rules, was pasted on the notice board in the Senate yesterday as it had been difficult to serve the officers.

The notice board bearing the summons sits at the White House section of the National Assembly Complex.

The summons from the High Court Abuja listed Saraki, Ekweremadu, immediate National Assembly Clerk Salisu Maikasuwa and Deputy Clerk of the National Assembly Benedict Efeturi, as defendants. But it was removed after a few minutes by unknown persons.

The invitation of the minister followed the adoption of a motion of national urgent importance entitled, “Imminent threat to our democracy, alleged invitation of our principal officers by the court,” moved by Senator Dino Melay, seconded by Senator Bassey Albert Akpan, (Akwa Ibom North East).

The upper chamber resolved that Malami should also appear to justify with evidence why his action to prosecute Saraki and Ekweremadu does not constitute gross misconduct, incompetence, contempt of court and abuse of office.

It specifically mandated its “Committee on Judiciary, Legal Matters and Human Rights to within two days summon the Attorney General of the Federation to explain and justify with evidence the basis for his action and why it does not constitute gross misconduct, incompetence, contempt of court and abuse of office.”

It further adopted that resolution that “the Senate Rule 2015 is not forged and it is the authentic rule of the Senate.”

Deputy Senate President Ike Ekweremadu, who presided at the session, said: “I am going to put the question. I don’t intend to say much because I’m involved. I just want to add that those who use their public office today to persecute others must realise that no condition is permanent.”

Melaye brought the motion relied on orders 42 and 52, matter of urgent national importance.

He said his motion is on the imminent threat to the country’s democracy as it related to the alleged invitation of Saraki and Ekweremadu by the court in Abuja.

Immediately Melaye read the title of the motion, Ekweremadu interjected and asked whether it was the wish of the Senate to take the motion immediately.

Senators chorused “yes” an affirmative that gave Melaye the authority to continue with the motion.

Melaye said: “The Nigerian Senate observes the ongoing systematic degradation and abuse of the office of the leadership of the National Assembly by the Executive arm of government through intimidation and harassment.

”This Senate notes regrettably that the executive arm of government as presently constituted is still to come to terms with the constitutional tenets of separation of powers and the independence of the legislative arm of government.”

”This Senate notes also the lack of respect for judicial decisions and the resolutions of the National Assembly by the executive which is beginning to arrogate to itself, unify powers of the federation.

”The Senate notes that the current attempt to arraign the leadership of the Senate over an internal matter of the Senate and claims spuriously a forgery that does not exist is a smokescreen for an impending attempt to overthrow the legislative arm.

”This Senate notes further that the judiciary had through several rulings in a recent case Suit no AFC/ABJ/CS/646/2015 on the same issue warn the executive arm from trending on the path of criminalising or interfering in the running of the internal affairs of the Senate.

”The Senate is disturbed that instead of applying itself to the myriads of problems confronting the nation including the escalating cost of living, upsurge violent extremism, worsening insecurity, rising ethnic divisions, skyrocketing unemployment, declining national productivity and a nose diving economy into recession, the executive continues to be hell bent on chasing rats while the federation burns.

”This Senate notes with regrets the deviant act of the Attorney General of the Federation and his office contentiously disregarding the binding decision of the Federal High Court without a pending appeal by the police and the Attorney General on the same matter in which the Federal High Court had decided to file charges against the leadership of the National Assembly is a gross violation of the Attorney General official calling and attempt to overthrow the legislative arm of government and force autocracy on our body polity.

”I want to bring to the memory of this Senate and remind the executive arm of government that anything that is fake must have original.

”I want to remind the executive again that we all served in this chamber on the 9th of June, 2015.

”Two days before our resumption I can speak for myself, we were invited to come to the National Assembly for documentation and when I came for my documentation I was given a copy of the constitution and the rules of the Senate.

These two documents were given to me clear 48hrs before my inauguration as a Senator.

”This same rule is what we used in the screening of all the ministers of the federal republic of Nigeria including the Attorney General of the Federation.

”This same rule if it is fake, the position of Attorney General as the minister of justice is also illegal.

”I also want to say Mr. President this same rule is what we used in the screening of Service Chiefs on the floor of this chamber. Melaye prayed the Senate to resolve to “mandate the Senate Committee on Judiciary, Legal Matters and Human Rights to within two days summon the Attorney General of the Federation to explain and justify with evidence the basis for his action and why it does not constitute gross misconduct, incompetence, contempt of court and abuse of office.”

He also prayed the Senate to resolve “That the Senate Rule 2015 is not forged and it is the authentic rule of the Senate. “

The two prayers were unanimously adopted although members of the Senate Unity Forum, a group of Senators who opposed Saraki’s emergence, were not in the chamber when the resolutions were adopted.

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