TWO Senior Advocates of Nigeria, Femi Falana and Mike
Ozekhome, on Wednesday, disagreed with each other on the Senate’s call on the
Comptroller General of Customs, Col. Hameed Ali, to resign for failing to
appear before the lawmakers in uniform.
The Senate had, on Wednesday, criticised the Attorney
General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN),
for writing the lawmakers to suspend action on the policy of the Nigeria
Customs Service on the payment of duties on old vehicles.
The lawmakers described the action as “an insult” to the
Senate and interference by the executive in the activities of the legislature.
The upper chamber of the Senate stated that it was wrong for
an arm of government to determine for another arm how it played its
constitutional role.
While agreeing that a letter be written to President
Muhammadu Buhari to report his appointees, the lawmakers described Malami and
Ali, as unfit for their positions.
The Senate, specifically, called for Ali’s resignation.
Deputy President of the Senate, Senator Ike Ekweremadu, who
presided over the plenary, had announced that there was a communication from
the AGF on a legal action on the matter.
He said, “Yesterday, we got a letter written to the Clerk of
the Senate from the Attorney General of the Federation, stating that a case has
been filed in court and that the matter is sub judice. So, he advised that
every action should stop, including the attendance of the Comptroller General
of Customs to this hallowed chamber.”
Ekweremadu directed the Clerk of the Senate, Mr. Nelson
Ayewoh, to read the letter to the lawmakers.
The letter read, “The originating summons is seeking, among
other declarations, whether the oversight functions of the National Assembly
extends to compelling and or giving directive to the first defendant to wear
uniform.
“In line with the principles of rule of law, court decisions
or, most importantly, the declarations sought have been deeply rooted in the
constitutional provisions; I hold the view that this matter is sub judice.
“In view of three above, it is the interest of justice and
rule of law to stay all actions in this case until the constitutional issues
raised in the matters are resolved by the law courts. ‘‘I wish to further
intimate you that as a defendant in the said suit, I intend to file processes
and pursue it to a logical conclusion.”
But civil rights groups, Falana, Ozekohome and a member of
the Northern Elders Forum, Prof. Ango Abdullahi, flayed the Senate for
demanding the resignation of Ali.
Falana, in an interview with The PUNCH, on Wednesday, said
the Senate was embarrassing itself by demanding the resignation of Ali.
The Senior advocate stated that the Senate lacked both the
legal and moral authorities to ask the Customs boss to resign.
He said the statement by the Senate President, Bukola
Saraki, regarding the importation of a N298m armoured Range Rover had confirmed
suspicion that the Senate was harassing Ali because he had the audacity to
seize the luxury vehicle.
Falana added, “I think they (senators) are just embarrassing
themselves. Even if we accept the explanation, it means that the Senate
leadership bought a vehicle that was imported to the country with forged
documents.
“That has confirmed that the planned humiliation of the
Customs boss was borne out of vengeance. So it is no longer a case of
individual liability but that of institutional, criminal negligence.’’
While describing the Senate’s action as sub judice, Falana
said he would not be surprised if the Senate’s proceedings were considered null
and void by the courts.
He further rubbished claims by Senator Dino Melaye that the
Senate had the right to debate on the matter based on the principle of
separation of powers.
Another SAN, Chief Mike Ozekhome, however, disagreed with
Falana, saying the call by the Senate on Ali to resign was both legally and
morally justified.
Ozekhome added, “I agree totally with the Senate. The Senate
was right in calling on the CCG to humbly resign if he cannot adorn the epaulet
and the uniform of the Nigeria Customs Service, which he heads.
“For the avoidance of doubt, Hameed Ali is not a sole
administrator like Gen. Ango between 1994 and 1999. He was appointed to the
Customs as a full Comptroller General and he is subject to laws, rules and
regulations of sections 4, 5 and 8 of the Customs and Excise Management Act and
Regulation 31 made pursuant to the Act.”
Ozekhome added that Ali could not be allowed to behave as
the Chichidodo bird which hates feaces but enjoyed feasting on maggots that
wriggle out of decaying feaces.
Call diversionary, says Abdullahi
On his part, Abdullahi told The PUNCH that the Senate’s call
for Ali’s resignation was a diversionary strategy.
He said, “The call by the Senate for Ali’s resignation is
not right. It is totally unnecessary; that the Senate insisting on someone
appearing before it on a particular duty to be in a particular uniform.
“I don’t see how the Senate believes that being in a
particular uniform will make someone more effective. This call is usually a
diversionary strategy by the Senate.”
The President, Nigeria Voters Assembly, Mashood Erubami,
said it was not right for the Senate to demand the sack of a government
appointee for not appearing before it or not wearing uniform.
“In the case of Col. Ali, the Senate has not been steadfast
with its calls but it is clear it wants him to be punished for what they called
his insubordination.”
The Manager, Media and Events, Resource Centre for Human
Rights and Civic Education, Armsfree Ajanaku, said the Senate had been busy
chasing shadows over the issue of the Customs helmsman wearing uniform.
“For us therefore, the endless distraction and dysfunction
of this Senate send a clear message to Nigerians that in the next elections,
they must elect credible people who understand what it means to legislate on
good governance; not career charlatans, who are merely interested in how to use
key institutions for ego trips and personal aggrandisement.”
CG didn’t go to Senate based on AGF’s legal advice – NCS
Meanwhile, the Acting Public Relations Officer, Nigeria
Customs Service, Mr. Joseph Attah, said the failure of the Customs CG to appear
before the Senate was in line with the legal advice given by the AGF.
He said, “The CGC action is in line with the legal advice of
the AGF that says all parties should stay action pending the determination of
the court.”
However, Senator Benjamin Uwajumogu stated that in line with
an existing Supreme Court judgment on the removal of a deputy governor in Imo
State, no arm of government, including the courts, could stop another from
performing its duties.
He said, “Nigeria operates a system established on
separation of powers. If we give in to this today, it means somebody can go to
court and stop Senate proceedings. Can we pass a resolution and stop a court
proceeding? I maintain that no court case can stop Senate proceedings.”
Also, Senator Dino Melaye described the letter from the AGF
as an insult to the Senate
He said, “I want to ask a question: Can a court process stop
an arm of government from carrying out its constitutional responsibility? What
we have from the AGF is an insult to the Senate and the National Assembly.
Where does the AGF, who was screened here, derive his powers to stop the
National Assembly from carrying out its functions?
Senator Ibrahim Gobir, on his part, urged the Senate to
write to the AGF and warn him of his “unnecessary interference” in the
parliament.
“We should write to the AGF to inform him of the unnecessary
interference in the affairs of the Senate. We should understand that there is
separation of powers. We need to respect that,” he said.
Also, Senator Enyinnaya Abaribe described Malami as being ignorant
of the law by interfering with the proceedings of the Senate. He stated that no
court case could stop an ongoing matter in the Senate.
He said, “The issue that has generated this controversy was
the fact that the CG made an obnoxious policy and which Nigerians condemned. I
do not want Nigerians to forget that. What we did was to let Ali know that what
he did was wrong.”
The Deputy Minority Whip, Senator Abiodun Olujimi, while
describing the Customs CG as arrogant, said both Ali and Malami were unfit to
hold public offices.
She said, “I will want to add that this letter is a serious
breach of the Constitution. This is gross impunity. Arrogance is at play here
by the CG. We need to let the executive know that between the AGF and CG of
Customs, who are unfit to hold office, there is separation of powers.
In his submission, Senator Isa Misau from Bauchi State, said
crises were returning to the country since the return of Buhari from his
medical vacation in the United Kingdom.
He said some of those working with Buhari were there to
frustrate his administration.
Misau said, “If you see what is happening, you will see that
the enemies of this government are within the Presidency. If you see the kind
of advice people in government are giving to the Presidency, you will know that
some people do not want him to succeed. When the President was away for 49
days, did you hear about any attacks – Niger Delta attacks or herdsmen attacks?
“Since the President returned, there have been attacks every
day. Some people are intentionally causing trouble for this government. We need
to tell the President that the enemies of this government are within this
government. The people surrounding the government are enemies of the
President.”
Ekwemadu, thereafter, asked the lawmakers to present their
prayers, all of which were granted.
Abaribe moved that the Senate should declare Ali as “unfit
to hold any public office.”
The lawmaker added that Ali should resign as Comptroller
General of NCS.
On his part, Senator George Sekibo moved that the Senate
should condemn the AGF for abusing the principles of separation of powers and
the rule of law.
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