The Police have explained why they have not prosecuted those indicted in
their report on the investigation into the alleged forgery of the
Senate Standing Rule 2015.
They attributed the failure to
prosecute the Senate forgery case to a civil suit by a group seeking
an injunction to stop the matter in court.
The police stated that
the group had approached the court to stop further investigation into
the case, thus stalling actions on the report.
The Force Public
Relations Officer, Olabisi Kolawole, explained that the police were
waiting for the court’s decision on the case.
Kolawole was asked to explain what was delaying the prosecution of the Senate forgery case and its status.
She
said, “Police investigations are ongoing on the matter. However, there
is a civil case in court by some group to seek an injunction to resist
the police on further investigation. Police are waiting for court’s
decision on the case.”
Kolawole was apparently referring to a
preliminary objection against the police case filed by the Enugu East
senator in the National Assembly, Mr. Gilbert Nnaji, asking the Federal
High Court in Abuja to restrain the police and the Attorney-General of
the Federation from taking further steps on the investigation of alleged
forgery in the Senate’s rules.
Nnaji, through his counsel, Mr.
P. J. Nwokolo, had urged Justice Gabriel Kolawole to, among others,
restrain further investigation of the allegation in a suit, marked
FHC/ABJ/CS/646/15, which was filed before the release and sending of the
police report to the AGF’s office for further action.
The police
investigation had indicated that a forged 2015 edition of the Senate
Standing Orders was used for the conduct of the elections of Bukola
Saraki and Ike Ekweremadu, as Senate President and Deputy Senate
President respectively, shortly after the proclamation of the 8th Senate
on June 9, 2015.
The forgery investigation arose from a petition by Senator Sulaiman Hunkuyi of the All Progressives Congress from Kaduna State.
The
petitioner had alleged that some parts of the 2015 Senate Orders were
different from the one ratified by the 6th Senate in 2010, which was
used by the 7th Senate, as Standing Orders 2011.
The police, in
the course of their investigation, had on July 6 questioned some members
of the 7th and the 8th Senates as well as some management employees of
the Senate, including the Clerk of the National Assembly, Alhaji Salisu
Maikasuwa.
A study of the controversial 2015 Senate Standing
Orders, Rule 3, as contained on page four of the document, which has to
do with the election of presiding officers, showed that it was different
from the 2011 Senate Standing Orders.
Rules 3(e) (i) and (ii)
had been included in the 2015 document to accommodate electronic voting
and secret ballot, whereas secret ballot and ballot papers were not
specifically mentioned in the 2011 Standing Orders.
The PUNCH had
exclusively reported on August 19 that there was a confusion over the
final report of the police investigation into the alleged forgery of the
Senate Standing Order with conflicting claims by both the police and
the justice ministry on the status of the report.
While the
police insisted that they had sent the report to the Ministry of Justice
for possible prosecution of suspects, the ministry official said the
report had not been received.
A source however had confided in The PUNCH that the police had yet to return the report to the ministry.
The
police had sent an initial report to the office of the Attorney General
of the Federation for proper legal advice but the AGF office had sent
the report back to the police, asking them to conduct a better
investigation into the allegation.
In the initial report, the
police confirmed that “some group of senators” criminally amended the
Senate Standing Orders 2011 to produce the 2015 edition.
But the
Directorate of Public Prosecutions of the Federal Ministry of Justice
had sought for more information on the senators that allegedly amended
the document.
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