Today, Monday, June 27, the Senate President, Bukola Saraki; and his deputy, Ike Ekweremadu, are expected to be brought before an Abuja High Court by the Federal Government over an alleged forgery of the Senate Standing Rules.
Two other persons would be charged alongside Saraki and Ekweremadu.
It is believed that it would be a tough process as the FG seeks to prosecute the four persons and possibly convict them for the alleged offence.
Last week, the FG filed a two-count criminal charge against Saraki, Ekweremadu, a former Clerk of the National Assembly, Salisu Maikasuwa and his deputy, Benedict Efe turi, bothering on criminal conspiracy
and forgery.
In the charge, Maikasuwa is listed as the first defendant, Efeturi (2nd defendant), Saraki (3rd de-fendant) and Ekweremadu (4th defendant).
Justice Yusuf Halilu had, last week Tuesday, fixed today for arraignment after ordering substituted service of the charges on the defendants.
The order, made by the court, followed the complaint by the prosecution that several attempts of personal service on the defendants had failed.
While granting prosecution’s request for substituted service on the defendants, Justice Halilu ordered that the charges be pasted on the notice board of the National Assembly.
However, the central government had listed among its witnesses against Saraki, two aides of President Muhammadu Buhari – Senators Ojudu Babafemi and Ita Enang.
Others listed, as witnesses are Senators Solomon Ewuga, Ahmed Lawan, Abdullahi Gumel, Kabiru Marafa, Gbenga Ashafa, Robert Borrofice, Abu Ibrahim and Othman Hunkuyi.
There were indications on Sunday night that Saraki and Maikasuwa may not attend the court session today for the arraignment.
This, according to reports, is as a result of an application filed by Saraki’s counsel last week which the court has not sat on.
For Maikasuwa, the order of substituted service made by the court cannot catch on Maikasuwa as he is no longer a staff of the National Assembly, and as such it is deemed under law that he has not been served.
Saraki, in his application filed by his counsel, Ahmed Raji (SAN) last week, asked the court to set aside the charge, describing it as unnecessary distraction.
If the two defendants are absent in court, it then follows that the arraignment will be stalled, as the new Administration of Criminal Justice Act ACJA did not provide for separate trials of defendants charged together.
In a motion on notice filed at the registry of the court, Saraki is challenging his physical appearance at the court, thereby praying for an order of court dispensing with his physical appearance and arraignment. He also prayed the court for an order setting aside the service of the Charge/ Information Sheet, which was effected by substituted means on him.
In addition, he is praying the court to strike out or quash the charge against him in the Charge No. CR/219/16 between FRN v. SALISU ABUBAKAR MAIKASUWA & 3 ORS. He premised his prayer on ground that no prima facie case was established against him.
Furthermore, Saraki is asking the court for an order suspending or adjourning sine die all the proceedings against him in the case. He submitted that the notice of trial and information ought to be served on him personally.
He also submitted that there is no link between the proof of evidence and the allegations made against him in the charge. The charges are: Count 1 reads: “That you Salisu Abubakar Maikasuwa, Benedict Efeturi, Dr. Olubukola Saraki and Ike Ekweremadu, on or about the 9th of June, 2015, at the National Assembly Complex, Three Arm Zone, Abuja within the Jurisdiction of this Honourable Court, conspired among yourselves, to forge the Senate Standing Order, 2011 (as amended) and you thereby committed the offence of Conspiracy, punishable under Section 97(1) of the Penal Code Law.”
Count 2 reads: “Forgery contrary to 362 of the Penal Code Law” while the particulars of offence reads, “That you Salisu Abubakar Maikasuwa, Benedict Efeturi, Dr. Olubukola Saraki and Ike Ekweremadu, on or about the 9th of June, 2015, at the National Assembly Complex, Three Arm Zone, Abuja within the jurisdiction of this Honourable Court, with fraudulent intent, forged the Senate Standing Order 2011 (as amended) causing it to be believed as the genuine standing order, 2015 and circulated same for use during the inauguration of the 8th Senate of the National Assembly of the Federal Republic of Nigeria, when you knew that the said Order was not made in compliance with the procedure for amendment of the Senate Order, you thereby committed an offence punishable under Section 364 of the Penal Code Law.”
