The Nigerian Senate has been involved in quite a number of disquieting situations in recent weeks, the Certificate scandal involving Senator Dino Melaye, a similar case that has landed his colleague in gaol and the suspension of Senator Ali Ndume, a well read and highly controversial legislator.
These topics throw up both moral and legal issues, while issues cannot fairly be dispensed off without recourse to the moral cum value question, We'll try as much as possible to keep it legal.
While it wont be apposite to say that intra governmental conflicts appear to be rife world over, the Nigerian situation is that of a 'republican-Republican' relationship making one question the need for such. The conflict can be traced to the emergence and inauguration of the eight assembly and the subsequent trial of the chosen One. The rest is history......
It is noteworthy from the outset that a House of Representative member Nse Ekpenyong representing Oron federal Constituency on the platform of the Peoples Democratic Party, who was arraigned before a Federal High Court Judge in Uyo for the offence of certificate forgery was remanded in prison due to his inability to meet bail conditions set by the court. We are precluded from commenting on this matter because it is pending before a court of Law.
However, Senator Dino Melaye's case will be addressed with the question of the Legal Implication of this situation, though the Senate Committee on Ethics and Privilege which rather than addressing the substantive issues before it , chose to butt lick, is yet to give a detailed report of the investigation of the allegations referred to it by the senate. The certificate scandal also known as 'ajekun iya scandal' has two possible effects (a) Criminal Prosecution for forgery if it is found that the certificate was not legitimately obtained , it is punishable under Section 467 of the Criminal Code which is fourteen (14) years imprisonment (b) the second question is whether that is the minimum qualification required to contest or elected for the Nigerian Senate.
The outcome of Ekpeyoung will be used to discuss the question of forgery while recourse will be had to the 1999 Constitution. Section 65 of the constitution provides that a person shall be qualified for election into the senate if he is at least 35 years Old, educated up to at least school certificate level or its equivalent, a member of a political party and is sponsored by that party.
Section 66 further provide disqualifying factors which include lunacy , death sentence, conviction for offence bothering on dishonesty with special reference to to item (i) which disqualifies a person who represent a forged certificate to INEC.
It follows therefore that should Sahara Reporters be able to prove that the Certificate paraded by the Honorable Senator is not genuine , the state might be able to try the senator for forgery and if found guilty, disqualify him from being a senator and annul his election accordingly.
Flowing from the 'Ajekun iya' scandal is the suspension of the Honourable Senator Ali Ndume who brought demeaning reports to the notice of the hallowed chamber, Section 60 and 110 of the 1999 Constitution empowers the house to make laws to regulate its proceeding and procedure for summoning and recess of the house.
The legislative houses (POWERS AND PRIVILEGES) ACT was enacted to this provision with various provisions to regulate parliamentary proceedings , germane to this discourse is Section 21 of this Act which bothers on Contempt of the Legislative House by members and powers for the sake of clarity , the provision is as follows:
Any member of a legislative House who:-
(a) being a member of a committee publishes to another person not being a member of such committee any evidence taken by the committee before it has been reported to the House or
(b) Assaults or obstruct any member within and outside the chamber or assault any officer in the cause of execution of his duty
Conclusively, where any member is guilty of contempt of a Legislative House, the House may by resolution reprimand such member or suspend him from the service of the House for such period as it may determine.
Thank you
Alliyu Faruq O
FOR: CREMELAWYER'S BLOG
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