Socio-Economic Rights and Accountability Project (SERAP) has called on the
leadership of the Senate to “immediately withdraw the unconstitutional
summon for Justice Danladi Umar, Chairman Code of Conduct Tribunal to
appear before its Ethics Committee, as the Senate can’t arrogate to itself
the power to summon judges without violating constitutional safeguards.”
The group said that “The summon represents a direct assault upon the
principle of judicial independence as it undermines the constitutional
principle of separation of powers and guarantee of a judicial system that
is free from outside influence of whatever kind and from whatever source.
The Senate of Dr Bukola Saraki is perpetrating a parliament of men and not
of laws.”
The statement dated 20 April 2016 and signed by SERAP executive director
Adetokunbo Mumuni reads in part: “The constitutional power of the Senate
can only be validly exercised if it’s intended to be in aid of the
function of law-making itself. There is clearly no suggestion of
contemplated legislation in this case. The Senate not only has exceeded
the limit of its own authority, but assumed a power which could only be
properly exercised by another branch of the government. We therefore
advise Justice Umar to ignore its invitation as it is of no legal effect
whatsoever.”
“The Senate in its blind zeal to protect the Senate President Dr Bukola
Saraki who is facing corruption charges before the Tribunal is working
hard to destroy the foundation of the country’s constitutional democracy.
This is a blatant usurpation of power, and an attack upon the integrity of
constitutional government and the rule of law.”
“The Senate doesn’t have the power to summon any judge, including Justice
Umar. If there is any credible allegation of corruption against Justice
Umar, it ought to be dealt with by the appropriate law enforcement
agencies and that cannot be the Senate.”
“The Senate can’t lawfully exercise any authority beyond the limits marked
out by the constitution. It’s manifestly repugnant to constitutional
safeguards which assign to each organ of the government its exclusive
functions and a limited sphere of action. This invitation, coming on the
heels of the decision by the Tribunal for Saraki’s trial to be conducted
day-by-day pursuant to Section 396(6) of the Administration of Criminal
Justice Act, 2015, is clearly politically motivated.”
“While the Senate is empowered under Section 88 of the 1999 Constitution
(as amended) to conduct an inquiry for the purpose of enabling it to among
others make laws, correct any defects in existing laws, expose corruption,
inefficiency or waste in the execution or administration of laws within
its legislative competence, it doesn’t possess the power to get involved
in alleged criminal matter. The Senate is in no sense a court, police or
anticorruption agency, and for it to attempt to act as one, would bring
about insurmountable legal and political problems.”