The Attorney General of the Federation, Abubakar Malami has said he is not in anyway answerable to the Senate. The AGF who reacted to the summon by the Senate through his representative said the issue at hand is clearly beyond the jurisdiction of the Senate.
The Committee on Judiciary, Human Rights and Legal Matters had invited the AGF to a hearing where he was expected to defend a possible conflict of interest in the prosecution of Senate President, Bukola Saraki, and his Deputy, Ike Ekweremadu for forgery which he reopened at the Federal High Court, Abuja.
Malami’s Rep who is also the Special Assistant to President Buhari on Public Prosecution, Okoi Obono – Obla, said that neither the committee nor the Senate has jurisdiction over the matter, which is already in court, pointed out that the committee has no business to summon anybody over a matter that is already in court, describing their attempt to summon the AGF as trying to be a judge in one’s own case.
“This committee has no jurisdiction on this matter. It is clearly beyond it”.
According to him “You cannot be a judge in your own case. We don’t have confidence in the committee”, arguing that the AGF has not done anything wrong to warrant the Senate to summon him to appear before its committee for a case that is beyond the Senate.
“The AGF has not undermined democracy. He acted pursuant to his powers vested on him by the Constitution. Section 174 (1) says he can prosecute anybody, and he has done that. The Senate is not on trial. He has not taken the Senate to court. He has taken four persons to court. They are not the Senate.
“Being President of the Senate does not make you the Senate of the Federal Republic of Nigeria. The matter was investigated by the police and a prima facie case was established and the AGF invoked his powers under Section 174 (1) to initiate criminal proceedings against those persons.
“And this matter is now before a court of law. There is separation of powers in Nigeria. It is not position of the Senate to constitute themselves into a court of law”, he argued.
However, the Senate reacted by walking out the representative of the AGF, saying their invitation was to the AGF in person, and was clearly stated that he should not send a representative.
The Committee therefore said it will take it that the AGF did not appear before it, just as it resolved to report non appearance of the AGF before it on the forgery case to Senate plenary for appropriate action when the red chambers resume from plenary.
According to the Committee Chairman, David Umaru (APC Niger East), “Having invited the AGF twice, to appear before us as mandated by the Senate without him responding to the summons, this committee will surely report the matter to Senate in plenary for appropriate action”.
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