On Monday, the upper legislative chamber concluded the screening and confirmation of President Bola Tinubu’s ministerial nominees.

Thereafter, the senators adjourned plenary to September 26.

Addressing his colleagues before the adjournment motion was moved, Akpabio said money has been sent by Magaji Tambuwal, clerk of the national assembly, to the senators to “enjoy” their holidays.

“In order to enable all of us to enjoy our holidays, a token has been sent to our various accounts by the clerk of the national assembly,” he said.

The senate president was quickly informed by his colleagues that he was speaking before live television and press cameras.  

Upon realising the magnitude of his remarks, Akpabio swiftly beat a retreat.

“I withdraw that statement,” he said.

“In order to allow you to enjoy your holiday, the senate president has sent prayers to your mailboxes to assist you to go on a safe journey and return.”

Akpabio’s off the cuff comment raises further questions about the allocation of funds to lawmakers.

The salaries and allowances of federal lawmakers are often shrouded in secrecy.

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Justice Suleman Belgore gave the order while ruling on an ex parte motion filed by the Economic and Financial Crimes Commission (EFCC).

In the motion, marked: M/8728/2020, the EFCC claimed that Omolori ignored its invitation to report at its office over an investigation of a petition.

The EFCC stated that it was investigating a petition, alleging diversion of 14 Toyota Hilux vehicles and 13 Peugeot 508 valued at over N400 million.

It added that, as part of its investigation activities, it invited the Secretary of the National Assembly Commission, Adamu Fika, Mr Oluseye Ajakaye and others to its office.

The EFCC added that Fika and Ajakaye made revelations indicting Omolori, following which invitation letters were sent to him on November 4, 2019, which he allegedly ignored.

The commission added that it sent another letter to Omolori on March 16, 2020, which he still failed to honour.

The EFCC stated that it was left with no option than to approach the court for a warrant of arrest to be issued against the respondent.

Upon hearing lawyer to the EFCC, S.N. Robert, Justice Belgore granted the order sought.

“I have considered the application, I averted to Paragraph 7 of the supporting affidavit and Exhibit EFCC 4 wherein the respondent was said to have ignored invitations to report in the applicant’s office without any justifiable reason.

“It is clear to me that Section 3 of the Administration of Criminal Justice Act (ACJA), 2015 can be invoked in the circumstances of this case in granting this application and I so do.

“Warrant of immediate arrest is hereby issued against Mohammed Omolori, the former Clerk of the National Assembly forthwith,” the judge said.

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In a statement on Wednesday, Sani-Omolori said the commission does not have the powers to set aside the revised condition of service passed by the previous assembly.

He directed all staff of the legislative chamber whom the commission asked to proceed on retirement to disregard the directive and “go about their lawful duties”.

Ahmed Amshi, the commission’s chairman, had approved the retirement age for national assembly staff as 60 years of age or upon 35 years of service, contrary to the requirement stated in the amended conditions of service.

A plot by the previous assembly saw the conditions of service of the national assembly staff being amended, increasing the requirement of retirement for the staff to 65 years or 40 years of pensionable service.

In addition to Sani-Omolori who started his civil service career on February 6, 1985, and was initially due to retire in February, some other senior management staff of the national assembly were affected by the new development.

Amshi had said “the commission has approved the immediate retirement of staff of the National Assembly Service who have already attained the retirement age of 35 years of service or 60 years of age,” and that “retirement letters would be issued to the affected staff accordingly.”

But reacting shortly after, Sani-Omolori said the amended condition of service for national assembly staff remains in place.

“The resolution of the 8th National Assembly on the Conditions of Service of Staff has not been rescinded nor abdicated by the National Assembly, who under the authentic National Assembly Service Act 2014 as passed, is empowered to review any proposed amended to the Conditions of Service by the Commission,” he said.

“Therefore, the National Assembly Service Commission does NOT have the powers to set aside the Revised Conditions of Service as passed by the 8th National assembly.”

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Omolori’s retirement was approved by the National Assembly Service Commission on Wednesday.

In a document signed by Ahmed Amshi, its chairman, the commission also approved the retirement age for national assembly staff as 60 years of age or upon 35 years of service.

An illegal plot by the previous assembly saw the conditions of service of the national assembly staff being amended, increasing the requirement of retirement for the staff to 65 years or 40 years of pensionable service.

Some other senior management staff of the national assembly were affected by the new development.

“Pursuant to its mandate as provided in the National Assembly Service Act 2014 (as amended), the National Assembly Service Commission at its 497th meeting held on Wednesday 15th July 2020 has approved the retirement age of the staff of the National Assembly Service as 35 years of service or 60 years of age whichever comes first,” Amshi said.

“To this effect the commission has approved the immediate retirement of staff of the National Assembly Service who have already attained the retirement age of 35 years of service or 60 years of age. Retirement letters would be issued to the affected staff accordingly.”

A bill tagged the “Retirement age and conditions of service bill”, increased the requirement of retirement for the staff to 65 years or 40 years of pensionable service, contrary to civil service rules.

Sources privy to the matter had said the bill was secretly approved towards the end of the tenure of the previous assembly despite rejection by many lawmakers, including those now in leadership positions at the two legislative chambers.

Although the amendment covers all staff of the national assembly commission, Omolori and some top officials including Giwa Anonkhai, clerk of the house of representatives and Olusanya Ajakaye, secretary of the National Assembly Service Commission (NASC), were the main beneficiaries.

Omolori, who started his civil service career on February 6, 1985, was due to retire in February, while Ajakaye, who was born on August 19, 1959, was due to retire in August 2019.

Also, Anonkhai, born on November 25, 1960, is due to retire in November.

Folasade Yemi-Esan, head of service (HoS), recently faulted the attempt to extend the tenure of the affected national assembly staff through a memo to Senate President Ahmad Lawan and Femi Gbajabiamila, speaker of the house of representatives.

Yemi-Esan had argued that the public service rules provide only “for attainment of 60 years of age or 35 years of service for an officer to retire, whichever comes earlier.”

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Sani-Omolori would spend five more years in office despite attaining retirement age.

Federal lawmakers had amended the relevant laws without a public hearing. The amended law for the tenure elongation did not get the assent of the president.

In a memo to Senate President Ahmad Lawan and Femi Gbajabiamila, speaker of the house of representatives, Yemi-Esan said the public service rules provide only “for attainment of 60 years of age or 35 years of service for an officer to retire, whichever comes earlier”.

“The 1999 constitution of the federal republic of Nigeria (as amended) classifies the clerk and other staff of the national assembly as public servants whose conditions of service are guided by the public service rules which derives its existence from section 169 made pursuant to section 160(1) of the constitution,” she said.

“In specific terms, section 318(1) of the constitution states that ‘public service of the federation means the service of any capacity in respect of the government of the federation and includes as (a) clerk or other staff of the national assembly or of each house of the national assembly’.”

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It accused the Executive of attempting to force out its leaders and named Attorney General Abubakar Malami leader of the plot, asking President Muhammadu Buhari to tell Malami to pull the brakes on the plot.

In a statement, Media and Public Affairs Committee Chairman Senator Sabi Abdullahi said the reopening of the case by the police posed a danger to the autonomy of the legislature.

Senate President Bukola Saraki and his deputy have been charged with alleged forgery of the Senate Rules to pave the way for their 2015 election. They both deny any wrong doing.

The Senate said that charging the officials is “unconstitutional” because the matter has been dealt with at plenary.

“After reading in the national newspapers and online platforms of the planned charges of forgery and conspiracy preferred against the Senate President, Dr. Abubakar Bukola Saraki, his Deputy, Senator Ike Ekweremadu, immediate past Clerk of the National Assembly, Alhaji Salisu Maikasuwa and the Clerk of the Senate, Ben Efeturi and reviewing the circumstances leading to the filing of these charges, we are compelled to alert the good people of Nigeria and the international community, that our democracy is in danger and that the attempt by the Executive Arm of the Federal Government to muzzle the legislature and criminalise legislative processes in order to cause leadership change in the National Assembly is a return to the era of impunity and lack of respect for due process which we all fought to abolish.

“We urge President Muhammadu Buhari to please call his Attorney General and Minister of Justice, Mr. Abubakar Malami, to order. The Senate of the Federal Republic voted freely to elect its leadership into office and continuing attempts to change that leadership through the wanton abuse of judicial processes cannot stand in the eyes of the world.

“It is clear that the Attorney General and party leaders behind this action either lack the understanding of the underlining principles of constitutional democracy, the concept of separation of powers, checks and balances and parliamentary convention or they just simply do not care if the present democracy in the country survives or collapses in their blinded determination to get Saraki and Ekweremadu by all means necessary, including abuse of office and sacking the Constitution of the Federal Republic of Nigeria.

“The Nigerian people have enough economic hardship at this time requiring the full attention and cooperation of the three arms of government, instead of these attempts to distract and politicise governance.

“We are in a state of economic emergency such that what the National Assembly needs at this time are executive bills and proposals aimed at resolving the crises of unemployment, currency depreciation, inflation, crime and insecurity.

“What the National Assembly needs now are executive bills to build and strengthen institutions to earn revenues, fight corruption and eliminate waste. Instead, we are getting hostile actions aimed at destabilising the National Assembly, distracting senators from their oversight functions and ensuring good and accountable governance.

“We must make it clear here to the individuals in the Executive arm and party leadership behind these plots not to mistake the maturity and hand of co-operation being extended to the Presidency by the legislature as a sign of weakness.

“The National Assembly bent backwards to accommodate various infractions and inefficiencies in pursuit of inter-arms co-operation and national interest. We did not follow up the various infractions because we believe there are bigger issues which the government has to attend to in order to ensure that every Nigerian have food on his table and live comfortably in a secure environment. We know that the country is actually in a state of economic emergency and all hands must be on deck.

“This latest plot is directed at forcing a change of leadership in the Senate or, in the extreme case, ground the Red Chamber of the National Assembly. Or how do one (sic) interpret a move in which the two presiding officers are being set up to be remanded in Kuje Prison or incapacitated from sitting at plenary through a day-to-day trial on a matter that is purely an internal affair of the Senate.

“This obviously is a dangerous case of violation of the independence of the legislature, undue and unnecessary interference in the internal affairs of the Senate and blatant abuse of the judicial process. The matter now being criminalised was brought to the plenary of the Senate in session, over a year ago.

“And because it had no support, it was overruled and roundly defeated in chambers. To now take a matter that was resolved on the floor of the Senate to the police and then make it form the subject of a criminal prosecution of freely elected legislators beats all imagination of free thinking men all over the world.

“The implication is that any matter that fails on the floor of the National Assembly will now be taken to the Police, thereby endangering every Senator and House member.

“This current move clearly runs contrary to the Doctrine of Separation of Powers and Checks and Balances which are fundamental to the successful operation of the Presidential System of government.

“It runs counter to the principle outlined by the Supreme Court in the Adesanya Vs Senate case where it was held that nobody should seek to use the courts to achieve what he or she has failed to push through on the floor of the National Assembly.

“This present effort, therefore, is clearly a coup against the legislature with the ignoble aim to undermine its independence and subject the law making institution to the whims and caprices of the executive. It is a plan to return Nigeria to the dictatorial era which we have, as a nation, voted to reject.

“It is a dangerous trend with grave implications for the survival of our democracy and the integrity of the component institutions. This rule of men as against the rule of law is also the reason why the war against corruption, one of the cardinal objectives of the present administration, is losing credibility because people perceive it to be selective and, in most cases, aimed at settling political or partisan scores.

“The Rules of the Senate and how the institution elects its leadership are internal affairs. The Rules of a new Senate are provided by the National Assembly bureaucracy. It has always been so since 1999.

“After the inauguration of the Senate, if Senators have objections to any part of the Rules, they can follow the procedure for changing it. Senators of the Eighth Senate have no control on the rules applied in the elections of June 9, 2015 because until after their inauguration, they were only Senators-elect, and therefore mere bystanders in the affairs of the Senate.

“We therefore urge all Nigerians and the International Community to rise up and condemn this blatant attempt to subject the legislature to the control, whims and caprices of the executive.

“If the Legislative branch falls, democracy fails as there will be no other institution empowered by the Constitution to check and balance the enormous powers of the Executive branch.

“We also call on the judiciary as the last hope to save our constitutional democracy and stand up for the rule of law, by doing that which is right in this case,” the statement said.

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Saraki in a letter addressed to the Chairman, National Assembly Service Commission, Dr. Adamu Fika and signed by Sen. Isa Galaudu, Chief of Staff to the Senate President, asked that Sani-Omolori’s letter of appointment be withdrawn immediately as his promotion did not follow due process.

Rather, he said Benedict Efeturi who is Deputy Clerk of the National Assembly and who has previously acted as the Clerk of the National Assembly ought to have been “ the first to be considered” for the position.

The Senate President in an April 22 memo titled: “Withdrawal of letter of appointment of Acting Clerk of the National Assembly” to the Executive Chairman, National Assembly Service Commission, wondered why the Commission ignored the directive that it should follow due process and ensure that seniority is considered in the appointment of a new clerk of the National Assembly.

Sani-Omolori was appointed on Tuesday to replace Salisu Maikasuwa who is scheduled to proceed on terminal leave on May 14.

Since the appointment of Omolori, tongues have been wagging over why seniority was not followed in the appointment.

Saraki’s memo said “Please recall that during your last meeting with the President of the Senate on April 20, 2016, the procedure of the appointment of the Acting Clerk of the National Assembly was discussed.

“The Commission was directed to follow due process and ensure that seniority is adhered to. Of course, Mr. Benedict Efeturi who is Deputy Clerk of the National Assembly and who has previously acted as the Clerk of the National Assembly should be the first to be considered.

“Most importantly, you have been directed to confer with the President of the Senate the outcome of the Commission’s meeting before a letter of appointment is issued and regrettably that did not happen.

“The President of the Senate and Speaker of the House of Representatives were informed that Mr. Efeturi was not considered for the appointment because he was not duly appointed as Deputy Clerk of the National Assembly. On further enquiries, we found he was duly appointed by the National Assembly Service Commission.

“Consequently, I am directed by His Excellency, the President of the Senate, to inform you that the letter appointing Mr. Sani Omolori as Acting Clerk of the National Assembly be withdrawn immediately for further consultations.”

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So far, the agency has seized 24 property and several cars from three civil servants with one of them having 18 property.

A document obtained from the Office of the Chairman of the ICPC, Ekpo Nta, with the title ‘Notice of Seizure of Movable and Immovable Properties Pursuant to Section 45 (4) a – (b) of the Corrupt Practices and other Related Offences Ac 2000, revealed that the commission seized the property from three officials of the Ministry of Niger Delta.

It stated that the property was seized because they were “excessive of the emoluments of the affected officers.”

Although the document, dated August 11, 2015, is silent on the status of the officials, it was gathered that the three officials are all principal account officers of the ministry, which has been one of the focuses of investigations by the ICPC in recent times.

The Niger Delta ministry officers listed in the document are Poloma Kabiru Nuhu, Mangset Longyl Dickson and Daniel Obah.

The ICPC boss said the decision to seize the property would be served on the appropriate Land Registries and Departments in all the states where the property are situated.

He stated, “The commission is investigating a matter involving some staff (members) of the Niger Delta Ministry, with certain movable and immovable property owned by the said staff.

“The commission is of the opinion based on the aforementioned investigation that these movable and immovable property owned by these people who are staff of the Ministry of Niger Delta Affairs are excessive, having regards to their present emoluments and all other relevant circumstances. The commission hereby notifies the entire public that all movable and immovable properties owned by these staff (members) and listed hereunder are seized.

According to the ICPC boss, one of the officers, Nuhu, has 10 hectares of land, covered by Right of Occupancy at Kuje valued at N50m.

It was stated that the same officer has an uncompleted duplex at Diamond Estate, Apo, Abuja, that is worth N90m.

Nta also said Nuhu has 16 plots of land which are all covered by Certificate of Occupancy in different parts of Gwagwalada, Abuja.

Another civil servant on the ICPC list, Dickson, is said to have a plot of land at Kubwa District, Cadastral Zone, Abuja. The property is valued at N7m.

The third official, Obah, is said to own different plots of land in Abuja and Port Harcourt, Rivers State.

Nta said Obah has a four-bedroom duplex at Karsana South District, Abuja, valued at N60m.

He is also said to have a plot of land at Ozuoba, Port Harcourt, Rivers State.

Other plots of land said to belong to Obah are located in Umuodili Odubo Community in Rivers that is worth N16.5m; Olipobo Rumuekini Layout, Obio Akpor Local Government Area valued at N18m and another plot at Livingstone Estate Umuogodo, Igbo Etche in Obio Akpor Local Government of the Rivers State.

On Wednesday, the Auditor-General of the Federation, Samuel Ukura, had recommended the recovery of about N183bn being funds meant for the development of Niger Delta but which was allegedly diverted for other purposes.

Ukura, who stated this in three special audit reports to the Clerk of the National Assembly, Salisu Maikasuwa, explained that the amount was discovered in the periodic checks carried out by his office on the activities and programmes of the Niger Delta Development Commission between 2008 and 2012.

According to him, N70.4bn was paid as mobilisation to various contractors who never reported to site, while N90.4bn was the extra-budgetary expenditure for heads and sub-heads without approval by the legal authorities.

He also said N10bn was tax deductions without evidence of remittance to the Federal Inland Revenue Service; N5.8bn was payment to contractors for projects not executed, stalled or abandoned, while N1.2bn was undeducted taxes from contractors.

Ukura added that N3.1bn was transfer made to unauthorised accounts; N1.7bn was staff outstanding staff advances which were never accounted for and N785m out of N1.1bn meant for the supply of furniture to various schools in Delta State was diverted.

He explained that the funds for the furniture supply was certified paid whereas inspection carried out by the Auditor-General’s office revealed that no single chair was distributed during the period under review.

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Force Assistant Spokesman CSP Abayomi Shogunle said that the issue of arrest of a Senator does not arise as the Police observes the norms of democratic principles.

According to Shogunle, a Senator wrote a petition to the IGP that the rules of the house was changed so as to pave the way for the election of Ekweremdu.

Based on the petition, he said, the IGP directed the DIG Force CID to investigate the matter.

Consequently Shogunle disclosed that after the preliminary investigations, the Force CID wrote to the Clerk of the National Assembly to arrange the time and place for police investigators to meet with some Senators for interrogations and up till 9.50 pm on Sunday, the Clerk has not responded to demand by the police.

Also the All Progressives Congress (APC) has said it has nothing to do with the reported police’s invitation of Deputy Senate President Ike Ekweremadu, over which the PDP has released an outlandish statement containing all sorts of imaginary claims.

In its own statement issued in Abuja on Sunday by the National Publicity Secretary, Lai Mohammed, said the party neither wrote a petition to the police nor is it aware that any petition was written against the Deputy Senate President.

And that “if, as the PDP claims, the petition concerns alleged altering of the Senate’s Standing Rules on the process of electing Presiding Officers, that is a clear case of forgery which the police have a duty to investigate. Questioning the right of the police to carry out their duties in this regard amounts to intimidating the security agency.

”Forgery is a crime that is being regularly investigated by the police, and it beggars belief that such investigation will now be interpreted to mean that Nigeria is descending into dictatorship or that democracy and the enjoyment of personal freedoms are now endangered. These claims by the scaremongering PDP are far fetched and preposterous,” it said.

APC said if indeed there is a petition against Senator Ekweremadu, he should gladly heed the invitation by the police so he can clear his name, adding that no one is above the law.

”President Muhammadu Buhari has repeatedly said that at every point, the law must be supreme and everyone must respect the law, if the nation’s democratic system is to survive.

Extrapolating a police invitation of anyone, no matter his status, to mean the onset of dictatorship is itself an invitation to lawlessness and anarchy, which permeated the long but ineffective rule of the PDP,” the party said.

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Aggrieved APC senators, on Saturday, demanded for the immediate resignation of the Deputy Senate President, Ike Ekweremadu.

The senators, who are loyal to Senator Ahmad Lawan, the party’s candidate for the Senate presidency, insisted that Ekweremadu’s resignation was one of the conditions that would make the faction to recognise Senator Bukola Saraki as President of the Senate.

The aggrieved lawmakers, under the auspices of the Senate Unity Forum, however, stated that they had nothing personal against Saraki and Ekweremadu.

APC senators had been divided over the leadership of the National Assembly since the controversial elections.

The ruling party had chosen Lawan for the Senate presidency and Femi Gbajabiamila as its candidate for the House of Representatives’ speakership in the aftermath of a mock intra-party election conducted on June 6.

But Saraki and Yakubu Dogara had defied the ruling party, allied with the opposition parties, and emerged as the heads of the upper and lower chambers, respectively.

The alliance had led to the return of Ekweremadu, a member of the opposition Peoples Democratic Party, PDP, as the Deputy Senate President, the position he held in the last administration.

Initially, the APC had rejected the result of the election, insisting that Saraki, Dogara and their supporters would be sanctioned for defying the position of the party.

But a few days later, the National Chairman of the the APC, John Odigie-Oyegun, said the party had accepted Saraki as the President of the Senate. “Of course, he (Sakari) has been duly elected by his colleagues. We have a reality and we must live with it,” he said.

However, the spokesperson of the SUF, Senator Kabir Marafa, said on Saturday night in Abuja that the pro-Saraki senators must explain why they disregarded all the arrangements put in place by the leaders of the APC to produce consensus candidates for post of Senate President and Deputy Senate President.

The senator called for thorough investigations into why the Clerk of the National Assembly was in a hurry to conduct the election of the senate president and the deputy without following the normal procedure as contained in the Senate Standing Order.

“We demand that Senator Ike Ekweremadu must resign his position because he needed at least 55 senators to emerge as deputy senate president. Ekweremadu is a lawyer and an experienced lawmaker. He knows he is not qualified to win the election with 54 votes.”

Marafa further said the pro-Saraki lawmakers should tell the party leadership why they rushed to the chamber on June 9 and hurriedly conducted the election, while the rest of the APC lawmakers were at the International Conference Centre, expecting the arrival of President Mohammadu Buhari.

The leadership of the APC had called a truce meeting with all lawmakers on its platform at the ICC for 9am ahead of the 10am scheduled for the inauguration of the eighth assembly.

Marafa further said, “Our colleagues, the Like Minds Senators, on three occasions failed to honour the directive of the party for an arrangement to produce consensus candidates for the senate president and deputy senate president.

“They refused to take part in the mock election when 35 APC senators elected Senators Ahmad Lawan and George Akume as the party’s consensus candidates for the two top positions in the Senate.

“They also refused to honour the invitation extended to all of us to attend a meeting with Vice-President Yemi Osinbajo on June 8, and another meeting called by President Muhammadu Buhari on June 9.”

Similarly, another prominent member of the Senate Unity Forum from the South-West, who spoke under the condition of anonymity, said the requests of the group had been forwarded to the party leadership.

He said, “The Deputy Senate President, Ike Ekweremadu, was not properly elected. He requires a simple majority vote of 55 to win the election but he got 54, so he did not win and we cannot recognise him. We refuse to. Our party has asked us not to talk to the press but we will not keep quiet internally.

“Apart from Ekeweremadu resigning, we are also demanding thorough investigations into the decision of the Clerk of the National Assembly to conduct the election when he was aware that the President had summoned us to a meeting.”

The Special Adviser on Media and Publicity to Ekweremadu, Uche Anichukwu, declined comments, when contacted on the telephone on Saturday to respond to the demands of the Unity Forum, saying that “I don’t want to react to the issue.”

Deputy National Publicity Secretary of the PDP, Abdullahi Jalo, however objected to the demands of the pro-Lawan senators.

According to Jalo, Ekweremadu would remain deputy senate president.

“To ask distinguished Senator Ike Ekweremadu to relinquish a mandate freely given to him by his colleagues, will be a disservice not only to the Senate but to this country. What everybody should be concerned about now, is how to move forward because the issue of election in the Senate has come and gone.

“Remember, it is the Senate of the Federal Republic of Nigeria and it belongs to all Nigerian Senators who are duly elected.”

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