* SP Lacks Constitutional Right To Summon Finance Perm Sec
Teddy Oscar, Abuja
An aggrieved member of the ruling All Progressives Congress (APC), Senator Kabiru Marafa, has alleged that the Senate President, Senator Abubakar Bukola Saraki, and the leadership of the Senate of murdering the 1999 Constitution as amended.
Marafa, the spokesperson for the Senate Unity Forum (SUF), an umbrella body of the APC senators against Saraki’s emergence as Senate President, made the allegation in a statement he issued in Abuja on Sunday.
Loading ...His allegation was sequel to the action of Saraki to summon the Permanent Secretary of the Federal Ministry of Finance to appear before the Senate last week to brief it on the state of the nation’s economy.
Although the Permanent Secretary had yet to appear before the Senate leadership nor respond to the letters from both the National Assembly management and the office of the Senate President as at the time of filing in this report, Marafa posited that the Senate President lacks the moral and constitutional rights to do so.
Marafa, in his statement, maintained that Saraki had already violated the same Constitution, which he claimed the Permanent Secretary had run foul of.
“I read with open mouth amazement, the letter written by both the Chief of Staff to the Senate President and that of the Clerk to the National Assembly on the refusal or inability of a government functionary to honour the invitation of the ‘leadership’ of the Senate.
“They were saying the refusal violates Section 67(2) of the Constitution of the Federal Republic of Nigeria. Can somebody, please, tell them that they are guilty of similar, if not higher offence? They, in fact not only violated the Constitution to ascend to the Senate leadership, they murdered it!” he said.
He also alleged that the leadership and management of the National Assembly “murdered Section 60 of the Constitution that gives the Senate and not any individual or group of persons the powers to conduct the business of the Senate on the 9th of June 2015, using the forged document”.
He further alleged that they violated Section 65(2b) of the Constitution that “recognises the supremacy of the political party in favour of the unmentioned, unrecognised and unknown zonal caucuses.”
He equally alleged that Saraki violated Order 3(2) of the authentic Senate Standing Order 2011 as amended, which puts ranking above all other considerations in nominating senators to serve as presiding or principal officers of the Senate and its committees.
Marafa also added that Saraki’s decision to announce senators Ali Ndume and Bala Na’Allah as Senate Leader and Deputy Leader, respectively, flouted the rule of ranking because senators Ahmed Lawan and Bukar Abba Ibrahim, who were nominated by the party, for the positions, were seniors.
“The presiding officer did not hit the gavel, after announcing the names of the Senate Leader and his deputy, this is required to give the announcement legislative authority.
“From the foregoing, it is clear that the leadership and indeed the Senate itself is not properly and legally constituted.”
Marafa noted that since Saraki had allegedly violated some sections of the Constitution to emerge as Senate President on Tuesday, June 9, he (Saraki) cannot accuse another person of committing the same offence he had already committed.
It would be recalled that the decision of the Permanent Secretary of the Federal Ministry of Finance and other top officials to decline an invitation extended to them by the leadership of the National Assembly for a briefing on the state of the nation’s economy, last week, was currently brewing a major face-off between the two arms of government.
It had earlier been reported that the Chief of Staff to the Senate President, Senator Issa Galaudu, and the Clerk to the National Assembly, Alhaji Salisu Maikasuwa, wrote separate letters to the Permanent Secretary, but which were both allegedly ignored.
The Permanent Secretary, according to sources close to the leadership of the Senate, was said to have shunned the meeting because there was no clearance from the Presidency to honour the briefing.
The Clerk’s letter, which was copied the Head of Service of the Federation and obtained by our correspondent read, “I refer to our letter Ref. No. NASS/S//SP/ COS/CORRP/15/1/06 of June 29, 2015 on the above subject matter and your text message of July 7, 2015 to the Chief of Staff to the Senate President, signifying your inability to honour the invitation.
“Your action is a deliberate violation of the provisions of Section 67(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). You are, therefore, requested to appear before the Senate leadership as contained in your aforementioned letter on Wednesday July 8, 2015 at 2.00 p.m. prompt.
”The third letter to the Permanent Secretary, which also insisted on the importance of the meeting, was written by the Chief of Staff to the Senate President. Galaudu’s letter, which was dated July 8, with reference number, NASS/8 th /S/SP/COS/CORRP/15/2/07, states, “Please note that your text message of yesterday, Tuesday, July 7, 2015, which I received by hours of 20:02 p.m., suggesting that you would not make today’s meeting, is unacceptable.
“This is an affront to the President of the Senate and its leadership. The provision of Section 67(2) of the 1999 Constitution (as amended), is very clear and unambiguous in this regard. Hence, you do not need the permission of any official before you attend or appear before the Senate.
“Consequently, I have the instructions of the President of the Senate and leadership that you do appear before them on the date and time earlier communicated to you, Wednesday, July 8, 2015 by 11 a.m. prompt. It is my belief that you will comply unconditionally.”
