THE face-off between the Senate and the Presidency is set to escalate upon the Senate’s rebuff of the plea by Attorney-General of the Federation, Abubakar Malami, to defer the summons to the Comptroller-General of Customs, Col. Hameed Ali (retd).
Clerk of the Senate, Mr. Nelson Ayewoh, Vanguard learned at the weekend, has been instructed to write Mr. Malami to formally reject his claim that the Senate cannot summon Ali upon the claim that the Customs C-G has gone to court to stop the Senate from compelling him to appear in uniform before it.
This came as the ruling party, the All Progressives Congress, APC, yesterday, announced its resolve to intervene in the on-going rift between the Executive and the National Assembly, saying a meeting had been fixed between its National Working Committee, NWC, and party’s Senate caucus tomorrow.
The party also warned of dire action against troublemakers who might derail its trouble-shooting venture.
A top level source in the Senate said, yesterday, the decision to rebuff Malami was upon the claim that it would set negative consequences that could in the future open the Senate to injunctions that could stop it from performing its constitutional duties.
It would be recalled that Malami had in a letter dated March 21, 2017, written the Senate through the clerk, demanding that the Senate put on hold, further actions against the C-G of Customs as the matter had been taken to court.
“I wish to formally intimate you that I am in receipt of a letter dated March 20, 2017, wherein I have been served with an originating summons in respect of the above subject matter (copy attached).
“In line with the principles of rule of law, Court decisions or most importantly, the declarations sought have been deeply rooted in the constitutional provisions; I hold the view that this matter is sub-judice,” the AGF said.
he court action was upon the Senate order on Ali to appear before the legislative body in uniform to explain the service’s practice of confiscating old vehicles with irregular Customs papers.
The Senate had upon the letter and the refusal of Ali to appear before it, passed a resolution asking President Muhammadu Buhari to strip him of his position on the claim that he was not worthy to hold public office.
Affirming the Senate’s rejection of Malami’s claim that the Senate cannot deliberate on the issue as Ali has gone to court, the source said: “Senate President, Bukola Saraki, has mandated the Clerk of the Senate, Nelson Ayewoh, to write a letter to the Attorney – General and Minister of Justice, Abubakar Malami, that the letter he wrote on the issue of the Customs Comptroller-General, Hameed Ali, is not tenable in law in accordance with the principle of separation of powers.
“If the Senate honours the letter written to the Senate by the Presidency, it would serve as a bad precedence in the country where anyone could wake up tomorrow and drag the Senate to court anytime things do not go his or her way.
“The Senate in the letter will make Malami know that no arm of government can be stopped from performing its constitutional duty. “For instance, a case has not been allotted to any judge or a restraining order, therefore, does it mean that anyone can just file a case and the Attorney- General can say that the Senate should stop it?”
(Vanguard)
