The Senate,Saraki, Marafa,Abariba And The Alleged July 4th Coup, By Emmanuel Ado




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Bukola Saraki,the Senate President reminds me of the infamous Al Capone. Al Capone was a notorious criminal, whose  crime,was that he went the extra mile or better still, made  extra effort in ensuring that Americans had their booze,which the saints had prohibited. To Al Capone it was a simple demand and supply issue, at least that is how he saw it,but the authorities didn’t see it as such.Naturally there was a deadly confrontation between the bad guy and the puritans.And it wasn’t only booze that Al Capone provided the people,in spite of the prohibition,he also gave them women, but at a price.The situation was pretty bad for Al Capone,who believed that he was conveniently demonized by  the media and law enforcement agencies,  because they needed a fall guy.Al Capone believed that they created a larger than life image of him , so that they could bring him down and earn promotion and advance their political career which was what happened. But Al Capone didn’t find it funny.He said “Every time a boy falls off a tricycle,every time a black cat has a gray kittens,every time someone stubs a toe,every time there is a murder or a fire or the Marines land in Nicaragua,the police and the newspapers holler get Capone”.  A frustrated Al Capone also mockingly declared himself guilty of every death or murder committed in the United States,except for those of the two World Wars.He had to make sense of the terrible and incomprehensible situation.

Saraki, like Al Capone has been accused of every imaginable crime – plunderingthe resources of Kwara State, of benefiting from the Paris Fund refund,of running his family Bank Societe General aground,etc. Some uncharitable opponents hold him responsible for the death of his father. His political opponents have successfully woven around him, the toga of a desperate politician who can go to any length to achieve his ambitions.Though never convicted of any crime by any competent court, Saraki would live with that burden of  being perceived as a very bad guy like Donald Trump would say.And he must take blame for lacking a functional media or investing in one.My “political opponent” Yusphu Olaniyunu,his Special Adviser,is definitely overwhelmed  defending his boss, who reminds me of “soapy Willie” in One Week,One Trouble by Anezi Okoro. Hardly a week passes that Saraki,like soapy Willie,doesn’t run into a storm – true or false,real or imagined. But Olaniyunu,must find that time to articulate some of the great efforts of Saraki.

Saraki like Al Capone, would in quiet moments laugh at all the high crimes attributed to him,and probably conclude like Al Capone,that he is responsible for all the ills bedeviling Nigeria,and maybe vacate the Senate Presidency, so Nigeria will get everything right.But considering all he has gone through,it is doubtful if Saraki would abandon his ultimate goal – presidency of Nigeria,the goal of his opponents.The difference today is that like a gold fish,he longer has any hiding place. He is not going to take them unawares again,and so he will know no respite.

Though Saraki was discharged and acquitted by the Code of Conduct Tribunal (CCT) on all 18 Count Charge,of false assets declaration, there are those who still believe that Bukola Saraki, is guilty as charged and should be jailed,even when Bola Tinubu was discharged and acquitted by the same tribunal over a similar case. The tribunal was unequivocal that Saraki was unfairly treated,as he was never invited to address the allegations against him. Worse still the evidence proffered against Saraki by the federal government was according to the tribunal “bereft of probate value and manifestly unreliable to hold the charges against the defendant”. An appeal has been filed challenging his acquittal.

Some Nigerians have disdain for the National Assembly,especially the 8th Senate, in spite of its productivity. When Senegal abolished its Senate,there were shouts of joy and an uncoordinated campaign funded largely by the disgraced Secretary of the Government of the Federation (SGF), David Lawal seeking a similar treatment for the Senate.Some see the Senate,as an institution that can be done away with,that we don’t need it.The Senate and indeed the National Assembly deserve some blame,in the way they have responded to certain situations, but the truth is that many critics of the National Assembly have not been fair to them.Unlike the Executive,every fight of theirs is in the open.While the high walls of Aso Rock conceals the wars between ministers,some of whom barely tolerate each other.

But the Senate that is being demonized, uncovered the fuel subsidy scam.Ironically it is Saraki the “villain”,  who as Chairman of the Senate Committee on Environment and Ecology,that moved the motion that unraveled  the scam running into trillions. This was at great personal risk.As Special Assistant to President Obasanjo, on Budget he initiated the establishment of the Fiscal Responsibility  Commission. The importance of the Commission is so obvious.The fiscal responsibility regime which came into force in 2007,with the signing into law of the Fiscal Responsibility Act, 2007 by late President Musa Yar’Adua.,is a product of Saraki endeavor. The Fiscal Commission is charged with identifying policies to improve and in the long run achieve fiscal sustainability.As usual while Brazil and Canada have gone a step further by enshrining fiscal legislation into their constitution,Nigeria has chained hers.The progress they are making is evident and a confirmation of the necessity of the fiscal regime.

The National Assembly haters should ask the Executive,why it has refused to implement the International Financial Reporting Standards,which the Goodluck Jonathan administration approved in 2010? The Goodluck Jonathan administration approved the adoption of the provisions of the International Financial Reporting Standards(IFRS) and the International Public Sector Accounting Standard(IPSAS) for the private and public sectors.The Federation Accounts Allocation Committee (FAAC),did a substantial job,that culminated in the production of a Standardized National Chart of Account(COA),that is IPSAS compliant.The COA was designed in line with the provisions of Government Financial Statistics (GFS) of the International Monetary Fund(IMF). The  Federal Ministry of Budget and Planning has consistently refused to use the approved format for budget preparation and  implementation and this explains why the 2015,2016,2017 budgets are washouts and the results are so obvious.

But for the reconciliation that united the Senate,Nigeria wouldn’t have benefited from the wealth of experience of Senator Kabiru Marafa.The work of his committee forced the Nigerian National Petroleum Corporation to recover more than N130 billion.Kudus must be given to the president who as Minister of Petroleum gave them the political cover to go after NNPC. The Petroleum Industry Bill(PIB), was also  “smartly broken up”after previous attempts at wholesome passage failed. Currently Marafa is investigating another subsidy scam running into trillions.His DNA is Buhari,which was why he fought Saraki to a standstill.

The latest allegation against Saraki, and some senators was that on the 4th, July 2017 they attempted a coup against Acting President Professor Yemi Osinbanjo,even when the Votes and Proceedings,doesn’t support the narrative, it has gained an alarming currency.And Saraki as expected, has been tried,convicted and sentenced to death. Even Senator Kabiru Marafa,whose Order  53(4) saved the day has been tagged a “co- coup plotter”. The Votes and Proceedings of 4th July,which are readily available absolves Saraki and his colleagues of  the high crime of coup plotting. There is no way the proceedings of that day,can be tagged a coup.

What commentators have dubbed a coup,arose from a joke on the All Progressive Congress by Senator Eyinnaya Abariba. I quote him – ” I simply want to bring to the attention of this chamber and all Nigerians and to ask the question, the acting president is the person who is at the head of government now, but we have a serious problem in Nigeria today. We have nobody in Nigeria who is at the head of the government“. Though joking,Abariba raised a fundamental question,which because  the Acting President was out of the country on official duties,we should actually ask. Did the Acting President inform the National Assembly leadership of his trip? That is a pertinent question Nigerians must ask. And if only the office of the Acting President had taken pains to  officially communicate to Nigerians,that while the Acting President is out,the Senate President who  is next in the line of succession would be Acting,the country would have been saved this unnecessary storm in the cup.When former president George Bush junior went in for a surgery,because it would involve anesthesia, he signed off his powers in line with the amendment of 1967, that made it compulsory for him to,because he was going to be temporarily disabled and he wasn’t going to be in any position to perform the functions of his office. Life moved on,Americans were sure,that in the event of an attack,there will be someone to respond.

Senator Kabiru Marafa, literally saved the day, by stopping Abaribe’s introduction of extraneous issues – leadership vacuum-  into the debate at hand,which had nothing to do with succession, contrary to the Senate Rules that forbids it. Coming by the way of Order 53(4) of the Senate Standing Rules, he stopped  his colleague Senator Eyinnaya Abaribe, who was clearly poking fun at the APC,that there was a leadership vacuum. Said Senator Marafa “Mr President my distinguished colleagues, it is the abuse of our sensibilities and that of Nigerians everywhere to make the assertion that there is no head of government in Nigeria and that there is a vacuum in the leadership of Nigeria. The constitution is very clear, if the president is out of the country, the constitution is clear as to who is the head of government. If the acting president is out of the country, the senate president is the next in the line of succession. You should desist from making this unwarranted attacks”.  It is baffling how such a profound contribution would amount to a coup plot!

But what is bad about discussing succession? Is the word a taboo? Is it not within the competence of the Senate to,and if need be effect necessary amendments to line of succession?The Senate used the Doctrine of Neccisty,to navigate the tricky situation Nigeria found herself during the Umaru Yar’Adua administration,but it is doubtful if the necessary legal backing has been given to that arrangement. Thankfully the Electoral Act has been amended to take care of the late Abubakar Audu situation that tasked Nigerians.

If Muhammadu Buhari was not the President of Nigeria,am not sure how many of those tagging people “coupists”would care about him,talk less of  worry about his health status.Just as I don’t think all those who talk about Buhari’s health,wish him ill. I think they do guinuely worry, precisely because he is our president and that an Acting President,is at best a glorified spare tyre who can’t take certain decisions.Nigerians  for instance are not worried about the health conditions of the former president Ibrahim Babangida. And the reason is simple – he is not directly in control of the affairs of 180 million people. I pray God heals the two men.Amen.Why is it difficult for the Acting President to swear in the ministers already cleared by the Senate for Kogi and Gombe States?

When we plan,like we should for eventualities,it is not that we pray for such outcomes – like war or fire. The military for instance, trains not because there is a war, but that in the event that there is one,that they will be fit to prosecute it. The BH insurgency caught out Armed Forces napping,as they never trained for asymmetrical war.

Badly handled succession can mark the end of political careers like Al Haig found out in 1981. When President Ronald Reagan was shot,the then Vice President George H. W. Bush,was airborne to Texas,meaning America was technically a ship,without captain. Acting in line with the Succession Act,he took charge. Someone must always be in charge. Said Haig “Constitutionally, gentlemen, you have the President, the Vice President and the Secretary of State in that order, and should the President decide he wants to transfer the helm to the Vice President, he will do so. He has not done that. As of now, I am in control here, in the White House, pending return of the Vice President and in close touch with him. If something came up I would check up with him”.

Nature they say abhors vacuum.As much as we love our president,and wish him well we must think of his love for Nigeria,we must remember that he has shown real grace by handing over power to his Vice ,whenever he had to go seek medical help in line with the constitutional provisions of the which is a radical departure from the Yar’Adua times.These are signposts that will guide us as we navigate a tricky period of our National life. We must consistently ask,in times or such  circumstances that we are, how would Buhari want us to act? His love, for Nigeria like that of Olusegun Obasanjo,without Matthew is not in doubt.

The proceedings of 4th July,2017 does not bear out  the  tales by moonlight coup plot of how Saraki wanted to overthrow the Acting President,working with the Cabal. It must have been an coup in the fertile imagination of those behind it,the kind of stuff you will see in Nollywood. If the Acting President  didn’t inform Saraki of his trip outside the country,that would be bad manners and a shame considering that Buhari has always treated him decently.So the plot failing when  Bukola Saraki “suddenly” realized that Osinbanjo had returned from Ethiopia,where he attended the African Union Summit is also a poor plot,which a strategist like Saraki would not commit. The movement of the Acting President would never be a top secret,that would be difficult for the Senate President to know,in fact unsolicited favour seekers,will tell him whatever he wants to know.

Hate or like the the National Assembly,we must come to terms with their powers. For appropriation,the powers are clearly spelt out in Sections 4, 59 and 80 (4) of the 1999 Constitution,as amended. While Section 4, empowers the National Assembly to make laws for good governance of the federation,Section 59 confers on the National Assembly the last word  on the budget. Section 80 (4), states that “No money shall be withdrawn from the Consolidated Revenue Fund or any other public fund of the Federation, except approved by the Nation Assembly.

 

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