….AGF summoned over Buhari’s Executive Order 6
The Senate was Wednesday sharply divided over whether or not to debate the continued detention of a former National Security Adviser, Colonel Sambo Dasuki and leader of Islamic Movement in Nigeria, Sheik Ibrahim El-Zakyzaky.
The arrest and detention of Senator Enyinnaya Abaribe by operatives of the Department of State Service, also dominated proceedings in the Senate chamber.
Senators who were uncomfortable with the debate of a motion on “Alarming rise in cases of alleged human rights violation and consistent assault on the provisions of the 1999 Constitution by the Executive” created the division.
Although the motion attracted opposition on the grounds that some of its contents were subjects of litigations, the chamber unanimously adopted the prayer to “summon the Attorney -General and Minister of Justice, Abubakar Malami, to appear before it in plenary and explain to the Senate the constitutional basis for the controversial Executive Order No. 006 and the other Executive Orders which have been issued by the President in clear usurpation of the law making functions of the National Assembly.”
The Senate also resolved to: Urge the Federal Government to urgently empanel a Judicial Commission of Inquiry to investigate all cases of human rights abuse allegedly committed by the Police, the Nigerian Army and other security agencies in the course of discharging their duties with a view to identifying the culprits and victims and offering redress where necessary; “Call on the Federal Government to demonstrate practical commitment to the observance of the rule of law especially in ensuring obedience to court orders and following due process in fulfillment of its constitutional obligation;
“Call on the Federal Government to take necessary measures and/or establish necessary structures to ensure that all constitutionally guaranteed rights of citizens are protected and observed by its security and law enforcement agencies in the discharge of their responsibilities;
“Call on the Federal Government to desist from further violation of the sacred principle of separation of powers and adopt the rule of law as the guiding principle of government actions; and, on Tuesday, the upper chamber resolved to debate allegations of constitutional and human rights violations by the Executive.
Hardly had Senator David Umaru (Niger East) who moved the controversial motion concluded his presentation when Point of Order rained in the chamber.
The motion read in part: “Recalls with nostalgia, Nigeria’s tortuous journey to constitutional democracy which reached its climax on the promulgation of the 1999 Constitution and its adoption as the grund norm. The reins of power was subsequently handed over by the military junta to a democratically elected leaders on May 29th, 1999;
“Further recalls the immense sacrifices made by Nigerians of diverse backgrounds in our quest for democracy with some of the heroes and heroines of the struggle paying the ultimate price in exchange for the democracy we all enjoy today;
“Concerned that in the last few years, Nigeria’s democratic credentials have become questionable as a result of the alarming cases of alleged state-inspired human rights violations and consistent constitutional infractions perpetrated by agencies of government;
“Alarmed that in the recent past, allegations abound that the executive has not only consistently violated the fundamental rights of Nigerian citizens particularly the rights to dignity of human person and right to personal liberty as guaranteed respectively under section 34 and 35 of the 1999 Constitution of the Federal Republic of Nigeria, as amended but also infringed on the constitution in several ways. Notable instances of such human rights violations are well documented by the Human Rights Watch and other reputable human rights organizations and they include the following:
“Continuous detention of the former National Security Adviser, Col. Sambo Dasuki (retd.) for over two years in total disregard of over four court orders including that of the ECOWAS Court which granted him bail pending his trial over money laundering charges;
“Continuous incarceration of the leader of the Islamic Movement in Nigeria ( Mi), also known as Shiite, Sheik lbrahim El-Zakzaki for over two years contrary to an order of the Federal High Court which Ordered his release in 2016;
“Lack of accountability for human rights violations by security agencies and other militant elements including armed herdsmen; heavy-handed violent responses to peaceful protests as exemplified by previous crackdown on agitators for the Independent State of Biat’ra (IP08) and the recent violent clashes between the police and suspected members of the [MN who were protesting the release of their leader, Sheik Ibrahim El-Zakzaki in Abuja and Kaduna respectively; and
“Gradual descent of the country into anarchy and despotism as a result of indiscriminate arrests, unconstitutional detention of citizens under questionable circumstances as was the fate of the Senator representing Abia South Senatorial District, Senator Enyinnaya Abaribe who was whisked away by a detachment of DSS personnel while attending a function at Transcorp Hilton Hotel, Abuja and later kept incommunicado at 055 detention facility for 5 days;
“Further alarmed that Nigeria’s democracy is also being threatened by deliberate and sustained executive assault on the Constitution as exemplified by the following actionsfmactions of the executive;
“Recent enactment of the controversial Executive Order No. 006 as an Executive legislation which permits security agencies to freeze the assets of persons standing trial without recourse to court order. Several other Executive Orders have also effectively usurped legislative and judicial powers of the National Assembly and the judiciary as enshrined respectively under Sections 4 and 6 of the Constitution;
“Inadequate security protection for courts in the country which has indirectly undermined the independence of judiciary and exposed many judicial officers to violent attacks as was recently witnessed in Rivers State when some armed bandits in an attempt to overawe court officials stormed the Rivers State Judiciary Complex and maimed several people and killing several others; and
“Release of the sum of $496 million United States dollars from the Excess Crude Account (ECA) for the purchase of 12 Super Tucano aircraft from the United States Government without prior approval by the National Assembly in direct contravention of section 80 of the 1999 Constitution.
“Convinced that there is an urgent need for the National Assembly to draw the attention of the Federal Government and its relevant authorities to this unfortunate development with a view to preventing the country’ s gradual descent into a chaotic state where violence and might rules and where fundamental rights are observed more in breach than in compliance.”
Deputy Leader, Senator Bala Ibn Na’Allah (Kebbi south) was the first to kick against the motion when he told the Senate that the issues of Dasuki and El-Zakyzaky were in court.
Na’Allah said that their rule prohibits them from discussing issues pending in court especially in the opinion of the Senate President; such discussion would affect decision of the court.
Deputy Senate President, Senator Ike Ekweremadu who presided, ruled that the motion was not necessarily about individuals but alleged human rights abuses in the country.
Ekweremadu added that in his opinion, what they were about to discuss would not affect judicial decisions in any way.
Senator Shehu Sani (Kaduna central) took the floor to lament that 19 years after return to civil rule, the country was still taking about abuse of human rights and how to institutionalize rule of law.
The outspoken senator noted that it was unfortunate that people in power most often than not forget the torturous journey that kept them where they were.
He insisted that dictatorship and the suppression of the opposition have no place in democratic setting.
Sani was cut short through another Point of Order, raised by Senator Barau Jibrin (Kano north).
Jibrin said that Sani should be called to order and made to withdraw the word “dictatorship.”
He said that nobody should talk about dictatorship in democracy.
Sani did not withdraw the word but added that the country should not be allowed to descend into tyranny.
The Kaduna central lawmaker who noted that the issues raised in the motion were clear said that Executive Order should conform with the law.
He said, “There is no better way to fight corruption than to use the instrumentality of the law. People in power must respect the law.”
He noted that although President Muhammadu Buhari is respected for his anti-corruption stance, cases of human rights abuses in the country were troubling.
Sani said that Nigerians have seen how people were mindlessly killed in parts of the country.
The Senate, he said, should look carefully at the letters and spirit of the motion in the interest of the country.
Sani said, “The content of this motion clearly reflects the true situation in the country. I call on the actors in our democracy to respect rights of the people for freedom.
This motion should appeal to our conscience as Nigerians desirous of protecting our civil liberties dictatorship is very clearly in our country..
Senator Jibril who raised Order 53 to counter Sani said, “I can’t see why my good friend should bring this motion here and I advised him to withdraw the motion. We are in democracy and dictatorship should not come in our debate here.”
Responding Senator IKE Ekweremadu said” Please we shouldn’t restrict our colleagues in their contributions since it is the temple of democracy and if members of the Senate are not allowed to speak their mind here I wonder what we are doing here. So I suppose you know that under the laws of this country you can say what you want to say here and you are covered under privileges. So the freedom of speech is taken higher in the parliament because the law recognizes that you are representing people. So everybody cannot have the same opinion.”
Senator Sani continued, “I want to withdraw and say we are sliding into tyranny or autocracy or totalitarianism. I think those words will replace the dictatorship that he is not comfortable with. Mr President we are very much concerned about the issues raised in the motion. Violation of fundamental rights is true. Arbitrary arrest and detention is true.
“We may be comfortable today because we occupy places of authority but when we are out of this office our protection and shield would be those very fundamental truth….Executive Order should conform with the laws…..We need the parliament to check the excesses of the Executive. What is of concern to us today is that the image of the country is being stained….today there many governor, Ministers and Senators standing trial. They never knew that today they would be in the dock standing trial. Likewise people who are today as governors, Ministers, Senators tomorrow they can be on trial. This motion is a mirror. to our situation in Nigeria today.”
Jibrin however insisted that as the highest law making body in the country, their conducts should always be guided by the standing rules.
He saw the motion as an attempt to overheat the country ‘especially when everything in the motion is before the court.
Jibrin said that debate of the motion was likely to influence court decision.
On his own Senator Abdullahi Yahaya (Kebbi north) dissociated himself from the motion.
For him what is happening in the country has not reached alarming proportion as portrayed in the motion.
Yahaya said that he was convinced that the motion was intended to discredit the President Buhari led Executive.
The Senate, he said, should not be “the arena where subterranean maneuvers to discredit the Executive should encouraged.”
He said that the motion was the handiwork of the opposition and should be dropped.
Senator Enyinnaya Abaribe (Abia South) in his contribution said that those opposed to the motion missed the point.
Abaribe said that he felt pained that a colleague of his would stand up to say that what was happening in the country has not reached alarming level for the Senate to intervene.
The Abia south senator said that it is public knowledge that he has been a victim of human rights abuse for which the Senate intervened to secure his release after days in DSS detention facility.
Abaribe said, “I fully ally myself with everything that Senator Shehu Sani has said, I will simply say my own mind. I have been a victim of human rights abuse for which this Senate contributed immensely for me to be free to stand here today to talk.
“And so I feel pained when a colleague stand here to say that what has happened in Nigeria today has not reached the level for which we should worry when a senator can be arrested on the street and taken away and kept incommunicado and nobody knows where he is and then somebody will come here to tell us don’t worry, it is alright.
“But they said that I shouldn’t speak and everybody has been warning me, ‘don’t speak oh! Because they will come after you”
“Again I am on bail and every day I report to the DSS office and everybody is worried that when I go to report, they will say that you have started speaking again, which is where this motion hinges at.
“Human rights abuse. In my opinion l have a right to speak, I have a right to associate with whoever I want. I have a right to my freedom of expression and movement in and around this country.
“For those who are in this country, who think that they belong to a favoured side, tomorrow will come because just like a colleague said (Senator Sani) those who held power yesterday are also today being made to account for what they did. Some of them are incarcerated; some of them are fighting everywhere to see how they can be free. So that is the crux of the matter we are discussing in this motion. Respect for the rule of law in this country.
“We don’t want Nigeria to descend into tyranny and that is why we are discussing this.”
Before Ekweremadu put the prayers to vote, he underscored the fact that the essence of the motion was to ensure obedience to rule of law.
He noted that the issue of rule of law is not only fundamental but decides whether the country is civilized or not.
The sponsor of the motion, Umaru who later briefed reporters explained that there was nothing personal about the motion.
He said “The foundation of a modern democratic government is premised on the rule of law and constitutionality. The rule of law is quite cardinal particularly the government and all its agencies and citizens of Nigeria are guided in their actions by the constitution; it follows that every action of the executive, the legislature and judiciary must comply with the contents of our constitution.
“I believe that the constitution has assigned responsibility to every arm of government in areas of operation, the legislature legislates, the executive executes, the judiciary interprets the law and prosecutes.
“ There are cases that we have mentioned here like the case of Sambo Dasuki, El-Zakzaky, the case of protesters and how they were treated including the case of Senator Abaribe who was taken into custody without due process are important to us.
“That is all the motion was all about. It is about looking at ourselves to see what we can do as a Senate to appeal to the President to ensure that agencies charged with law enforcement comply with the contents of our constitution. Nothing more, nothing less.”