The last may not have been heard of the intrigues that will trail the suspension of Senator Ovie Omo-Agege, for dragging the Senate to court. Associate Editor, Sam Egburonu, reports on the rage over kidnapping of the Mace at the Senate last Wednesday by men alleged to be Omo-Agege’s thugs
When Senator Ovie Omo-Agege, led nine other senators in February this year to stage a walkout during plenary at the Senate to register their reservation over change of elections sequence, some informed observers predicted that a major political battle may have been initiated. But only few observers could have envisaged the current intrigues that culminated in this Wednesday’s invasion of the Red Chamber by some mace snatching thugs, who dared the official security, disrupted the plenary and made away with the Red Chamber’s symbol of authority in broad day light.
Since then, Nigerians, including lawyers, politicians and elder statesmen have expressed dismay over what they described as “the degeneration of our democracy.”
It would be recalled that after the walkout and the press statement issued by the group, Omo-Agege had said, “You don’t make a law to target one person. The perception is that the law is targeted at the president. I will continue to protest it. I can tell you it will not become a law.”
Irked by the statement, the senate resolved to probe Omo-Agege, but in a bid to escape the hammer, the APC, Delta lawmaker sued the Senate to stop his appearance before the Committee on Ethics, Privileges and Public Petitions. That however failed to stop the lawmakers as Omo-Agege was later handed 90 legislative days suspension. Senate President, Bukola Saraki also explained that the lawmaker’s suspension was because he dragged the Senate to court and not just because he expressed a position on the amendment of the Electoral Act, 2018. Addressing his colleagues just before the suspension, Saraki said: “Distinguished Colleagues, there must be discipline. We must show that such groups must be suspended and the case in court must be withdrawn.”
Even with the intrigues created by the suspension, no one imagined the next occurrence. Analysts and other stakeholders were still speculating the next legal action when on Wednesday, April 18, 2018, the suspended senator, Omo-Agege, suddenly appeared at the legislative chamber during plenary. He was followed by some thugs, who overpowered the security men on duty and took away the Mace.
Describing the development to some members of the House of Representatives, led by the Deputy Speaker, Yussuff Lasun, who visited the Senate in solidarity about 30 minutes after the invasion, Deputy Senate President, Ike Ekweremadu, who presided when the invasion occurred described it as an “affront on democracy.”
He said: “I thank you for your solidarity. This morning (On Wednesday) we had an unusual incident at the Senate chamber.
“At about 11:30 some armed thugs invaded the Senate chamber, assaulted some of our staff and some of the media persons and forcefully took away the mace of the Senate.
”They passed through the entrance and the gate and left the National Assembly with the mace. They attempted kidnapping two of our senators.
“Those they attempted to kidnap were eventually left but we decided that we will not be intimidated by the circumstance.
“We will stand by our democracy we will defend our democracy. It is an affront on the Senate, it is an affront on democracy, it is an affront on the National Assembly, it is an affront on the parliament but we are going to stand together to ensure that we continue with the assignment Nigerians gave us to represent them.
“We are going to get to the root of this matter and I believe that I speak the minds of all of you here if I say that security agencies must recover our mace within 24 hours.
“We are giving the Inspector-General of Police and the Department of State Services (DSS) 24 hours to recover our mace.
“Let me thank the Deputy Speaker and our colleagues from the House of Representatives. We want to assure you that we refuse to be intimidated. We are going to carry out our assignment fully.”
Like Ekweremadu, other Nigerians have condemned the action of the thugs and the entire suspension saga.
Reacting to the development, Chief Chekwas Okorie told The Nation in a telephone chat on Friday that the intrigue “is a slap on Nigerian democracy.” The National Chairman and Founder of United Progressive Party (UPP) explained that on this issue, “the National Assembly has operated so far with utter disregard and without recourse to the position of the courts. This is a matter where courts have ruled against such action. Both the High Court and the Court of Appeal have ruled that it is not within the right of any house of the National Assembly to deny a constituency the right of representation. Yet, the National Assembly, especially the Senate has continued to act as if it is above the law. However, we all know that two wrongs cannot make a right. The horrible drama acted by the touts on the floor of the Red Chamber during plenary is a rude slap on our democracy. It is shameful. The senator, alleged to have masterminded the attack acted as if he had the backing of both the Presidency and his party, the ruling party, except that the party has condemned the act.
“The ease with which the shameful act was carried out has exposed the lack of professionalism of our national security. It is worrisome. This is an election year. Now, if this can happen at the Senate during plenary, you can imagine the havoc such touts can cause in remote polling booths across the country.”
Asked if, as an experienced politician, he is aware of cases in advanced democracies where lawmakers are suspended and where such suspensions led to such intrigues, Okorie said: “I have not read about it even though I have read widely on politics and on global democracy. Even in Nigeria, where we have instances over the years, the courts have said clearly that it is wrong. It has been said at the High Court and Appeal Court. Everything is wrong about denying representation to a constituency. But you see; everything is wrong here. Even the executive arm of our government is even worse. This is why the same government that banned and declared unarmed organization as a terrorist group is playing games with a known bloodthirsty group which has remained on a killing spree. It is obvious that something is about to give in,” he said.
On the way out, Okorie said: “I think the National Assembly has done what it should do in the circumstance. The leadership of NASS has reported the shameful attack to the Presidency. I expect the Presidency to use its agencies to bring the culprits to book. On the root cause of the intrigues, I will advise the National Assembly to go back to the drawing board; if it finds out that it committed some errors, it should be bold enough to correct itself. It is not right for a sensible fellow, who discovers that he has committed some fundamental errors to stick to it just out of ego. The lawmakers should be gentlemanly enough to accept where there are wrong. An average Nigerian understands that internal rules of any organisation, group or institution in Nigeria cannot be superior to the laws of the country.”
But Dr. Sonny Ajala, a legal practitioner in Abuja, in his reaction told The Nation: “It is a given fact that the sense of the Federal Republic of Nigeria is an institution with inherent powers to regulate its proceedings, affairs generally and indeed the conducts of its members upon inauguration. Remarkably, some of the rules of engagement for members of the Senate inter se are subjective in its operations, applications, implementation and enforcement.
“Therefore, when the Senate as an institution alleges that the conduct or utterances of any of its member is calculated to bring it to ridicule, the subjective interpretation and application of the rules of the August body is activated. And no law court, frankly speaking, can adjudicate over such enforcement of the rules of the senate as it is within its exclusive domain.
“The question that will agitate the mind of discerning analyst is thus: Can the senate as an institution deny a constituency the right of fair and daily representation through the contrived act of suspension of a Senator? The answer, in my humble view, is yes for reason advanced above that upon being inaugurated as a legislative body, the corporate imprimatur of the senate as an institution largely circumscribe the rights and privileges of a Senator qua Senator. Any submission to the contrary will approximate to anarchy and chaos.
“But then, the instrumentality of suspension should sparingly be deployed by the leadership of the parliament as a mark of maturity and restraint. In this regard, the former Senate President, Anyim Pius Anyim, stood out for the uncommon restraint he exercised during his tenure despite grave acts of rebellion. He presided over the indefinite suspension of Senator Arthur Nzeribe on account of extreme subterfuge and provocation.
“Unarguably, the circumstances that culminated to the emergence of the leadership of the present National Assembly of both chambers continue to stoke the combustion for the ceaseless drama in the senate with the maze hijack not being an exception.
“Regrettably, the dramatis persona in the drama is a member of the ruling/majority party in power both at the Senate, House of Representatives and the EXCO. Again, a case of failure of party cohesion and minimal ability of the political party in power to mend fences and heal bruised egos and ruptured interest are the obvious diagnosis.
“On this note, it is safe to conclude that Nigerians should brace up for intriguing dramas in the days ahead as there’s seemingly no rapprochement for the gladiators to sheath the ‘dabo me and I ‘tarka you sword in the build-up to 2019: For those won’t to lampoon the senate for recurring suspension of its members that made “uncomplimentary remarks about the joint resolution of the senate, the question is; how many members of the EXCO have in the public made comments distancing themselves from the collective decisions of the Federal Executive Council,” asked Ajala?
A member of the current National Assembly, who requested not to be quoted, frowned at what his colleagues did. “It is not right. There is certainly something wrong with denial of representation to a whole constituency just because there is some misunderstanding between their lawmaker and some other lawmakers. It is a misnomer, if you ask me but I sincerely want to be excused from officially commenting on this matter. The court pronounced it a misnomer when Ndume approached it after his suspension. As you know, if you suspend a lawmaker for a period of time, the implication is that all the benefits the constituents are supposed to enjoy during that period, would be suspended. That is not fair, no matter how you will look at it. But the action of Senator Omo-Agege or the action of the touts believed to have acted on his behalf is obviously embarrassing both to NASS and the country. I think he went to that extent because he was aggrieved. He was aggrieved that the suspension was pronounced notwistanding that he had a court order that is supposed to stop it.”
Asked why the Senate and the NASS would act in such a matter notwithstanding a court order, the lawmaker said: “You are aware that the Constitutional provision that sets up the NASS empowers it to make rules that will guide its activities. It will also interest you to know that the law states that if a matter is in court, the presiding officer of the Senate or House of Representatives may use his discretion. This is the issue. This is the operative word, under which the Senate or House of Representatives would hide to act in this circumstance. Also, don’t forget that Nigerian lawmakers are always unhappy the way judiciary likes to interfere in legislative matters. Just as we do not interfere when a judge wants to give judgement, we do not feel happy when judicial officers attempt to use orders to interfere with the internal operations of the legislature,” said the lawmaker.
Although the mace had resuffaced, concerned Nigerians are eager to see how the matter would be resolved. While some claimed Omo-agege may get permanent suspension, others are worried what such an action would affect the constituency he represents.
But Senate President Bukola Saraki’s reaction to the development may serve as a signal to what the upper chamber may likely do.
In a statement entitled: “Attack on Senate: Saraki commends colleagues, House members for defending democracy,” the Senate President, who was away when the attack took place, had praised the lawmakers for defending democracy.
He said by their action, the lawmakers “had sent a strong signal that enemies of democracy and those who want to undermine the legislature would be resisted by parliamentarians.”
“I have just been informed that some hoodlums invaded the Senate chamber, forcefully took away the mace and assaulted some of our sergeant-at-arms on chamber duties. I am delighted that the Senate stood up to them by disregarding their unreasonable and shameful action and went on with the day’s proceedings as slated in the order paper.
“My commendation goes to my deputy, Senator Ike Ekweremadu, other members of the leadership, my colleagues, the leadership and members of the House of Representatives for standing in defence of democracy, parliamentary sanctity and constitutionalism.
“With the way the Senate has defied those seeking to undermine it, we have sent out a strong signal that we are always ready to defend our constitutional mandate and nothing will deter us from this.
“I associate myself with the comments of the Deputy Senate President that we are ready to get to the root of this assault on democracy and ensure that those who are responsible, no matter how remote, will be brought to justice”, Saraki said.
The stage is evidently set, what remains is to see how the drama will end.
