Forgery charge: Separation of Powers, not Senate, is on trial – By Kingsley Amaku

TTo make such an outlandish claim against the
leadership of the highest lawmaking body, the National Assembly, would
require that the attorney general has done his homework well and his
case is not just unassailable but that
it would be a matter of National Security not to fully prosecute the
case. Any other suggestion with less weight, would have incalculable
ramification for the development of our democracy, good governance and
the perception of Nigeria in the eye of the international community. But
can this be the case?

Let’s
examine the issues for a moment. Part 2 of the 1999
Constitution Section 60 of the 1999 Constitution clearly provides for
our government to be based on three separated but equal arms of
government on whom power is shared in such a manner that neither of the
other or a combination can intimidate, influence or supervise the other
in the running of its internal affairs but must necessarily in the
spirit of co-equality work together to ensure the rule of law.

Section
60 of the constitution provides that “Subject to the provisions of this
Constitution, the Senate or the House of Representatives shall have
power to regulate its own procedure, including the procedure for
summoning and recess of the House.” The Constitution again declares
under section 64 as follows “64. (1) The Senate and the House of
Representatives shall each stand dissolved at the expiration of a period
of four years commencing from the date of the first sitting of the
House.”

But is this conclusion grounded in fact and in law?

I
hope we are not making a caricature of our democracy and damaging our
people’s right and opportunity to live in a thriving democracy. The AGF
must ensure he has done his homework well as this from afar smell of
gibberish.