Alleged forgery of Senate standing orders: Court threatens to nullify police report

A Federal High Court, Abuja on Tuesday said it will nullify the report of investigation of the police on the alleged forgery of the Senate Standing Orders 2015, if found out that actions have been taken on the report, during the pendency of the suit, challenging the investigation of the case.

Ekweremadu

The suit was filed on July 23 by Enugu-East Senator in the National Assembly, Gilbert Nnaji but the police was said to have completed their investigation and forwarded its report to the office of Attorney-General of the Federation for legal advice and further action.

The trial Judge, Justice Gabriel Kolawole on Tuesday said the police would be made to account for actions, which they had taken on the investigation, since the suit was filed.

Meanwhile, the Inspector General of Police, Mr Solomon Arase has challenged the powers of the Court to stop the police from carrying out investigation into the alleged forgery of the Senate Standing Order 2015 (as amended) even as he said the police have not taken sides on the issue.

The police boss said investigating the allegation of forgery in the Senate can only strengthen the integrity of the upper legislative house and its leadership.

Confirming that the Senate Standing Order 2015 (as amended) was forged, the police boss stated in its counter affidavit that, “the present Senate has not enacted any standing orders yet. As at the time of inauguration of this present Senate, no standing orders had been made. Till date, no such standing orders have so far been made.

“The practice is that at inauguration, the incoming Senate uses the standing orders of the preceding Senate. The immediate past Senate did not amend the 2011 standing orders and the 2011 standing orders have not yet been amended,” the Police boss added.

The document, which was deposed to by Joshua Yohanna, of the Legal/Prosecution department, Force CIID, further averred that, “I know that the plaintiff cannot prove that the so-called 2015 standing orders were passed by the preceding Senate.

“That the so-called 2015 standing orders were never made nor passed by the immediate past Senate. The plaintiff knows that the present Senate President was not in a position to have passed the 2015 Senate Standing orders before his inauguration.

“The plaintiff knows that it is only after inauguration that the current Senate could pass the senate standing orders. That what he is branding about is not an authorized Senate standing order.”

Accordingly, the police urged the court to throw out the suit filed against him by Senator Gilbert Nnaji, representing Enugu East on the platform of the Peoples Democratic Party (PDP), seeking to stop the police from investigating the issue, as it is merely a nuisance value.

Meanwhile, the Secretary of the “Unity Forum” who signed the petition to the police, Senator Suleiman Hunkuyi has applied to be joined in the suit filed by Nnaji as an interested party.

His  motion dated August 3, 2015 was filed by his counsel, Mamman Osuman pursuant to orders 9 rule 15 (1); order 26 rule 1, 2, 3 and 4 of the Federal High Court (Civil Procedure) rules 2009.

The Inspector General of Police in his memorandum of conditional appearance filed by Elder David Abuo attacked the jurisdiction of the court to entertain the suit as well as the locus standi of the plaintiff to file the action.

Relying in the case of Hassan V EFCC (2014) 1 NWLR (pt. 1389), the lawyer submitted that, “No court has the power to stop the investigation powers of the Police or EFCC or any agency established, under our laws to investigate crimes whether there is reasonable suspicion of commission of crime or ample evidence of commission of an offence by a suspect.”

Besides, the police argued that the matter at hand raises issues of criminality and the police owe Nigerians the duty to unearth the truth behind the allegations of forgery.

Earlier, counsel to the plaintiff, Peter Nwakolo told to even when the opposition called on the former President to cancel Operation Burst, we informed Abuja that if they do so, they will disrupt the peace and security enjoyed in the state. I commend your performance and professionalism,” Ajimobi said.

Aregbesola urged Major General Ilo to remain professional and uphold the dignity and integrity of the profession so as to command their deserved respect.

Major General Ilo’s operation is to cover Oyo, Ogun, Osun, Ondo, Edo, Ekiti and Kwara states.

Alleged forgery of Senate standing orders: Court threatens to nullify police report