Socio-Economic Rights and Accountability Project (SERAP) has called on the<\/p>\n
leadership of the Senate to \u201cimmediately withdraw the unconstitutional
\nsummon for Justice Danladi Umar, Chairman Code of Conduct Tribunal to
\nappear before its Ethics Committee, as the Senate can\u2019t arrogate to itself
\nthe power to summon judges without violating constitutional safeguards.\u201d<\/p>\n
The group said that \u201cThe summon represents a direct assault upon the
\nprinciple of judicial independence as it undermines the constitutional
\nprinciple of separation of powers and guarantee of a judicial system that
\nis free from outside influence of whatever kind and from whatever source.
\nThe Senate of Dr Bukola Saraki is perpetrating a parliament of men and not
\nof laws.\u201d<\/p>\n
The statement dated 20 April 2016 and signed by SERAP executive director
\nAdetokunbo Mumuni reads in part: \u201cThe constitutional power of the Senate
\ncan only be validly exercised if it\u2019s intended to be in aid of the
\nfunction of law-making itself. There is clearly no suggestion of
\ncontemplated legislation in this case. The Senate not only has exceeded
\nthe limit of its own authority, but assumed a power which could only be
\nproperly exercised by another branch of the government. We therefore
\nadvise Justice Umar to ignore its invitation as it is of no legal effect
\nwhatsoever.\u201d<\/p>\n
\u201cThe Senate in its blind zeal to protect the Senate President Dr Bukola
\nSaraki who is facing corruption charges before the Tribunal is working
\nhard to destroy the foundation of the country\u2019s constitutional democracy.
\nThis is a blatant usurpation of power, and an attack upon the integrity of
\nconstitutional government and the rule of law.\u201d<\/p>\n
\u201cThe Senate doesn\u2019t have the power to summon any judge, including Justice
\nUmar. If there is any credible allegation of corruption against Justice
\nUmar, it ought to be dealt with by the appropriate law enforcement
\nagencies and that cannot be the Senate.\u201d<\/p>\n
\u201cThe Senate can\u2019t lawfully exercise any authority beyond the limits marked
\nout by the constitution. It\u2019s manifestly repugnant to constitutional
\nsafeguards which assign to each organ of the government its exclusive
\nfunctions and a limited sphere of action. This invitation, coming on the
\nheels of the decision by the Tribunal for Saraki\u2019s trial to be conducted
\nday-by-day pursuant to Section 396(6) of the Administration of Criminal
\nJustice Act, 2015, is clearly politically motivated.\u201d<\/p>\n
\u201cWhile the Senate is empowered under Section 88 of the 1999 Constitution
\n(as amended) to conduct an inquiry for the purpose of enabling it to among
\nothers make laws, correct any defects in existing laws, expose corruption,
\ninefficiency or waste in the execution or administration of laws within
\nits legislative competence, it doesn\u2019t possess the power to get involved
\nin alleged criminal matter. The Senate is in no sense a court, police or
\nanticorruption agency, and for it to attempt to act as one, would bring
\nabout insurmountable legal and political problems.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
Socio-Economic Rights and Accountability Project (SERAP) has called on the leadership of the Senate to \u201cimmediately withdraw the unconstitutional summon for Justice Danladi Umar, Chairman Code of Conduct Tribunal to…<\/p>\n","protected":false},"author":1,"featured_media":19332,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-48643","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\n