The Socio-Economic Rights and Accountability Project
(SERAP) has called on the leadership of the Senate to “immediately withdraw the
unconstitutional summon for Justice Danladi Umar, Chairman Code of Conduct
Tribunal to appear before its Ethics Committee, as the Senate cannot arrogate to itself the power to summon judges
without violating constitutional safeguards.”
“The summon represents a direct assault upon the
principle of judicial independence as it undermines the constitutional
principle of separation of powers and guarantee of a judicial system that is
free from outside influence of whatever kind and from whatever source. The
Senate of Dr Bukola Saraki is perpetrating a parliament of men and not of
laws,” the group said in a statement by its executive director, Adetokunbo
Mumuni.
The statement reads in part, “The constitutional
power of the Senate can only be validly exercised if it’s intended to be in aid
of the function of law-making itself. There is clearly no suggestion of
contemplated legislation in this case. The Senate not only has exceeded the
limit of its own authority, but assumed a power which could only be properly
exercised by another branch of the government. We therefore advise Justice Umar
to ignore its invitation as it is of no legal effect whatsoever.”
“The Senate in its blind zeal to protect the Senate
President Dr Bukola Saraki who is facing corruption charges before the Tribunal
is working hard to destroy the foundation of the country’s constitutional
democracy. This is a blatant usurpation of power, and an attack upon the
integrity of constitutional government and the rule of law.”
“The Senate doesn’t have the power to summon any
judge, including Justice Umar. If there is any credible allegation of
corruption against Justice Umar, it ought to be dealt with by the appropriate
law enforcement agencies and that cannot be the Senate.”
“The Senate can’t lawfully exercise any authority
beyond the limits marked out by the constitution. It’s manifestly repugnant to
constitutional safeguards which assign to each organ of the government its
exclusive functions and a limited sphere of action. This invitation, coming on
the heels of the decision by the Tribunal for Saraki’s trial to be conducted
day-by-day pursuant to Section 396(6) of the Administration of Criminal Justice
Act, 2015, is clearly politically motivated.”
“While the Senate is empowered under Section 88 of
the 1999 Constitution (as amended) to conduct an inquiry for the purpose of
enabling it to among others make laws, correct any defects in existing laws,
expose corruption, inefficiency or waste in the execution or administration of
laws within its legislative competence, it doesn’t possess the power to get
involved in alleged criminal matter. The Senate is in no sense a court, police
or anti-corruption agency, and for it to attempt to act as one, would bring
about insurmountable legal and political problems.”
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