Senate President Bukola Saraki, Deputy Senate President, Ike Ekweremadu, and two others were yesterday arraigned before a High Court of the Federal Capital Territory (FCT) in Jabi, Abuja over their alleged involvement in the forgery of the 2011 Senate Standing Orders.
Saraki, Ekweremadu, former Clerk of the Senate Salihu Abubakar Maikasuwa and Deputy Clerk Benedict Efeturi were arraigned before Justice Yusuf Haliru on a two-count charge of criminal conspiracy and forgery.
The four defendants – each of them facing a maximum of 14 years imprisonment – pleaded not guilty when the charge was read to them.
The defence team comprising Ikehwukwu Ezechukwu (SAN) for Maikasuwa, Mahmud Magaji (SAN) for Efeturi; Paul Erokoro (SAN) for Ekweremadu and Joseph Daudu (SAN) for Saraki, later argued the separate bail applications filed for each of the defendants.
They said the offences for which their clients were arraigned were ordinarily bailable and pleaded with the judge to grant bail to all the defendants in view of their status in the society and that they respected the court by turning themselves in on learning about the charge against them.
Lead prosecution lawyer Muhammad Diri did not oppose Saraki’s bail on the ground that he heads the legislative arm of the government, and that a denial of bail for the Senate President has the capacity of destabilising that arm of the government.
Diri, who is the Director of Public Prosecution of the Federation (DPPF), opposed bail to the three others on the ground that they earlier evaded service of the charge on them. He relied on the provision of Section 162(b) of the Administration of Criminal Justice Act (ACJA), 2015 and urged the court to reject bail to Maikasuwa, Efeturi and Ekweremadu because they could evade trial.
Responding on point of law, the defence argued that since the defendants were already in court, what happened before their arraignment was no longer material.
Magaji noted that the provision of Section 162(b) of the ACJA relates only to where a person charged with criminal offence with punishment exceeding three years could only be denied bail where he/she exhibits the tendency to evade trial.
Daudu, Erokoro and Ezechukwu argued in a similar manner, with Daudu noting that by the positions held by the defendants, they cannot jump bail.
He urged the court to admit all of them to bail since they are all facing a similar charge, and the prosecution having elected not to oppose bail for the Senate President, who was listed as the 3rddefendant.
In a consolidated ruling, Justice Haliru noted that the essence of bail was to ensure that the liberty of the accused person (defendant), as guaranteed under the Constitution, is protected and to ensure that such a defendant attends court to stand trial.
He added that the decision to grant bail was at the discretion of the court after considering all conditions.
The judge, who relied on the provision of the ACJA in relation to the provision that a person standing trial should be granted bail to enable him/her prepare for his/her defence.
The judge granted bail to the defendants, but on the conditions that each should produce two sureties, who must have property either in Asokoro, Maitama, Wuse 2 or Garki (all in Abuja).
He said the defendant would be remanded in Kuje prison, Abuja should they fail to meet the conditions attached to the bail granted them at the close of work yesterday.
The medium size courtroom located on the second floor of the three-floor courthouse had been packed as at 8am. By 8.30am, a detachment of security personnel, including the regular police, riot police and men of the Department of State Service (DSS), some of who were stationed at the main entrance to the court premises, restricted access to the premises when the court house was becoming overcrowded.
By 8.45am, the defendants and some legislators, who accompanied them, entered the court premises in a long convoy of vehicles. They went straight into the court room.
When the judge emerged from his chambers around 9am, the packed courtroom became rowdy, with many politicians and lawyers struggling for the few chairs available. The judge immediately returned to his office and directed that the courtroom be cleared, a directive that became impossible for court officials to enforce.
The judge returned to the courtroom about 30 minutes later. Before the proceedings, the judge urged lawyers representing the parties and the media to be fair in their dealings in relation to the case. He promised to be just to all.
“We must do this with the fear of God in our hearts. We must remember that we are one. We must remember that God has given us the opportunity to help shape our legal process. I represent all interests. I shall do all within my best to ensure justice in this case,” the judge said.
Dressed in national attires, Saraki, Ekweremadu, Maikasuwa and Efeturi stood quietly in the dock as proceedings progressed. They were later allowed to sit around 11.30a.m. when Magaji urged the court to allow them to sit down.
The proceedings that lasted for about two and half hours, ended at 11.35a.m., when the court adjourned till July 11 for the commencement of trial.
As at 1pm yesterday, all the defendants had left the court premises, having formalised the bail process.
The statement of offence in relation to count one of the charge marked: CR/219/2016 reads: “Criminal conspiracy, contrary to Section 97 of the Penal Code Law.”
The particulars of offence in relation to the count reads: “That you Salihu Abubakar Maikasuwa, Benidict Efeturi, Dr. Olubukola Saraki and Ike Ekweremadu on or about the 9th day of June 2015 at the National Assembly Complex, Three Arms Zone, Abuja, within the jurisdiction of this court, conspired among yourselves to forge the Senate Standing Order 2011(as amended) and you thereby committed an offence of conspiracy, punishable under Section 97(1) of the Penal Code Law.”
The statement of offence in relation to count two is “Forgery, contrary to Section 362 of the Penal Code Law.”
The particulars of offence in relation to this count reads: “That you Salihu Abubakar Maikasuwa, Benidict Efeturi, Dr. Olubukola Saraki and Ike Ekweremadu on or about the 9th day of June, 2015 at the National Assembly Complex, Three Arms Zone, Abuja, within the jurisdiction of this honourable court, with fraudulent intent, forged the Senate Standing Order 2011 (as amended), causing it to be believed as genuine Standing Order 2015 and circulated same for use during the inauguration of the 8th Senate of the National Assembly of the Federal Republic of Nigeria, when you knew that the said Order was not made in compliance with the procedure for the amendment of Senate Order. You thereby committed an offence punishable under Section 364 of the Penal Code Law.”
