Date: 2015-10-06

The Senate seems to have perfected the practice of affirming confidence vote as a fight-back strategy to protect the leadership of the upper legislative chamber of the National Assembly from the political onslaught of the executive, writes GEORGE OJI

The Senate last week, again, passed a vote of confidence on the leadership of the red chamber, headed by the Senate President, Bukola Saraki.

The confidence vote was affirmed by 83 of the 108 senators. What was most significant in the recent confidence vote was that the motion was raised by an All Progressive Congress, APC senator and also seconded by another APC senator. Senator David Umaru (APC Niger East), was the senator who moved the motion, which was seconded by Senator Ahmed Sani Yerima (Zamfara West).

Last week's confidence vote, like the first one on July 28, came against the backdrop of perceived opposition against the leadership of the senate by the executive arm of Government.

The first time the senators passed a confidence vote on the leadership of the 8th Senate in July, a total of 81 senators affirmed the vote. Like last week's confidence vote, the number of those who affirmed their confidence on the Saraki-led leadership of the senate cut across all the two political parties.

For instance, out of the 81 senators, which is more than two third members of the 109 senate, they were made up of 46 People's Democratic Party, PDP senators and 35 All Progressive ,APC senators. Incidentally, some of the most vocal antagonists of Saraki, like Senators Abdullahi Adamu, Kabir Gaya and Shehu Sani were among those who supported the first motion.

In addition to the confidence vote on the leadership of the senate then, the lawmakers also resolved to call on the Nigeria Police Force and all other security agencies in the country not to allow themselves to be used by any person or persons to harass, intimidate or blackmail the senate, senators and or their spouses.

Entitled, "Vote of Confidence on Principal Officers of the Senate," the motion was sponsored by Senator Samuel Anyanwu (Imo East). Moving the motion, Anyanwu noted the senate's dismay in the continued harassment of the senate and senators, the National Assembly management and spouses of senators by security agencies of Government.

He expressed the determination of the senate to continue to perform its constitutional duties and responsibilities without fear or favour, plus the focusing on matters of interest and importance to the ordinary people of Nigeria in view of the enormous challenges facing the nation.

The first confidence vote on the leadership of the senate came against the background of the opposition mounted by the leadership of the APC against the outcome of the election, which produced the Sarakiheaded leadership. The circumstances, which led to last week's confidence vote could be traced to what happened while the lawmakers were on holidays.

While the senate was on its annual vacation, which commenced on August 13, the Senate President, Bukola Saraki was arraigned before the Code of Conduct Tribunal, CCT on a 13-count charge of alleged violation of the assets declaration oath, while he was the Chief Executive Officer of Kwara State, more than 12 years ago. In particular, Saraki was accused of false and anticipatory assets declaration while in office as Governor of Kwara State in 2003. Less than one week after the trial commenced, the trial Chairman, Danladi Umar issued a summons for Saraki to appear before the tribunal and also followed it up with a bench warrant.

All these were despite protestations by Saraki and his team of legal experts. Coming barely weeks after Saraki's wife, Toyin was summoned by the Economic and Financial Crimes Commission, EFCC to account for her stewardship as the First Lady of Kwara State and for another summons by the commission to the former Managing Director of the Societe General Bank, (largely owned by the Saraki's), it became clear to the senators that Saraki's trial was nothing short of political witch hunt.

At the September 17, hearing date of the CCT trial, over 35 senators, led by the Deputy Senate President, Ike Ekweremadu besieged the tribunal in solidarity with Saraki. Some of the other senators sighted at the tribunal included senators Shaaba Lafiaji, Theodore Orji, Mao Ohuabunwa, Samuel Egwu, Ben Murray-Bruce, Aliyu Wamakko, Gilbert Nnaji, Kabiru Gaya, Alasoadura and Samuel Anyawu. Others were senators Foster Ogola, Sunny Ogbuoji, Aliyu Sabi Abdullahi, Isa Hamma Missau, Emmanuel Paulker, Obinna Ogba, Kaura Tijani, Clifford Ordia, Ibrahim Abdullahi, Peter Nwaoboshi, Rose Okoh, Mohammed Ohiare, Gershom Bassey, Olaka Nwogu, among others.

In a statement issued later after the tribunal sitting and signed by Senator Ibrahim Abdullahi Danbaba, on behalf of the Eighth Senate, the lawmaker pledged unalloyed loyalty to Saraki. Danbaba reinstated his colleagues' support for Saraki as the popular choice of the leader of the senate, even as he commended the decision of the Senate President to voluntarily appear before the tribunal.

The statement said, "After majority of us, Senators of the Federal Republic of Nigeria, witnessed the appearance of our President, Senator Abubakar Bukola Saraki at the Code of Conduct Tribunal this morning, we are happy that he appeared at the Tribunal after availing himself of the opportunity to defend his Fundamental Human Rights. "We also want to state here, on behalf of our colleagues, that the Senate remains solidly behind Senator Saraki and we express our unalloyed support for his leadership.

We reiterate the fact that he is our choice for the post of Senate President and no politically motivated, mischievous and vindictive trial will change our opinion of him. "By his appearance at the Tribunal, he has demonstrated his firm belief in the rule of law and his respect for our judicial process.

We join Dr. Saraki in affirming our commitment to rule of law, constitutionalism and democracy. "We only hope the other arms of government will ensure that due processes and procedures are followed in this trial and on all other issues. "The Eighth Senate restates its commitment to the programmes and policies of the Buhari administration."

The lawmakers expressed the belief that at the end of the trial, our democracy, Nigerians and the people will end up as the beneficiaries. Saraki himself, not losing sight of the fact that his trial was purely political, wasted no time in politicizing the event. Clad in a brocade agbada with a matching cap, Saraki waved ceaselessly to the cheering crowd as they shouted adoringly to him when he alighted from the 32-seater, tinted coaster bus, which brought him in company of some senators to the tribunal.

The ovation became even louder when Saraki, who was initially speculated would be remanded in prison by the tribunal was let off the hook and granted bail eventually. "Sai Bukky, Sai Nigeria, Baa Bukky, Baa Nigeria," was part of the chanting that rented the air as Saraki walked majestically back to the same coaster bus that brought him to the tribunal. The Senate President was to meet even more surging, chanting and cheering crowd as he made his way to his Maitama, Abuja residence.

The entire neighborhood of the Maitama residence of Saraki were literally taken over by sympathizers who came from as far as his home state, Kwara to receive him. Once Saraki was cited by the supporters, they erupted in joyous jubilation, singing and praising the politician in his native Yoruba language. Inside the tribunal chambers proper, the crowd intermittently disrupted the sitting as they jeered occasionally when the lead prosecution counsel, Rotimi Jacob (SAN) made remarks considered to be unfavourable to the Senate President. In the same vein, the crowd also cheered when favourabe remarks were made about Saraki. The high point of this was when the tribunal Chairman, Justice Danladi Umar pronounced that Saraki was granted bail on self recognition.

At this point, the crowd threw all cautions to the wind, as they erupted in joy. Overwhelmed by the level of solidarity, the prosecuting counsel, Jacob, had to intervene to point the attention of the tribunal chairman to what was happening, even as he urged Umar to compel Saraki to pledge to be of good conduct.

Jacob's application was promptly opposed by Saraki's lead counsel, Joseph Daudu (SAN), who reminded the tribunal that as politician, it would be difficult to control the actions and conducts of Saraki's supporters. Apparently convinced that his trial was not a usual one, before Saraki took his plea, he breached set legal procedure, when he resorted to making political statements right inside the dock. Saraki while reinstating that the trial was purely political, stated that he would not have been docked had he not been the Senate President, an apparent inference that the trial was engineered by the Government. He nonetheless pledged his belief and respect for the law in due process of the law.

According to him, "My appearance in court today once again demonstrates my belief in the rule of law and respect for the judiciary of our country. "The only reason while I am going through this trial is because I am Senate President. If I were to be just a Senator, I doubt if anybody will be interested in the asset declaration form I filled over twelve years ago.

"This belief stems from the fact that Section 3 (d) of the Code of Conduct Bureau and Tribunal Act provides that If there is a breach or non-compliance with any section of the law, the person involved should be given the opportunity to either admit or deny and that in the case of a written admission, no reference to the Tribunal shall be necessary. So, If the CCB had followed the guidelines, procedure or the due process provided in its own law, we won’t be having this trial.

"It is my humble opinion that this case is a vivid example that there is still flagrant disregard for due process in our polity. This trial is not only being observed by Nigerians alone, the international community is watching because Nigeria is a key member of this community. So, the executive, legislature and judiciary should do the right thing that will truly demonstrate that we have imbibed the spirit of positive change." So, once the lawmakers resumed last week from their vacation, it became apparent that the battle line was drawn.

Aside from the confidence vote passed on the leadership of the senate, there appears to be an unwritten resolve, gleaned from their countenances and body languages that the senators must gear up to protect the independence and sanctity of the upper chambers. Without openly saying it, it was clear that the message deductible by the lawmakers from the trial of Saraki was that, if the senators failed to seize the moment and stoutly defend their own, it could be the turn of any of them after Saraki.

"The signs are clear," one of the senators told National Mirror that, "The presidency wants to remove the Senate President by all cost and the best way to do this is to humiliate Saraki through the CCT trial and force us to turn our backs against him.

"The truth of the matter is that we are resolved to stand solidly behind our man. What you saw today as the vote of confidence is the first step of many more our resolves and solidarity with Saraki to come. "If anybody thought that humiliating Saraki will lead to his removal is wasting his time.

The truth of the matter is that what they are doing to Saraki is seen as personal to each of us; persecution of Saraki amounts to persecution to each of us, and we shall not let this stand," the lawmaker said. One very obvious way of starting the battle is with the ministerial list. It is clear that this time around, unlike before , the senate will carry out very thorough screening of the ministerial nominees, with a view to ensuring that only those who are clean would make the final confirmation.

One step the lawmakers kept hammering as they chorused the need to do a thorough screening of the ministerial nominees was the insistence that the senate must be furnished the assets declaration information on each of the nominees, particularly former politically exposed persons on the list and public servants. It is obvious that in the days ahead, the lawmakers would be gearing up to do real battle with the executive. "First of all, we will now start to do our work the way we are statutorily supposed to do it, especially the over-sighting of the executive," one senator told National Mirror.