Crisis looms from the prosecution of the Senate president and his deputy for alleged forgery – Part 2

Without going into the details of what, as earlier stated, is one of the most complex and perplexing issues of the federal system under our Constitution, it may be said that the creation and punishment of criminal offences, including forgery, is, to a large extent, a residual matter and is therefore within the exclusive legislative authority of the State Governments. Thus, the ordinary offences applicable to the life of the ordinary citizens in the country, forgery included, are largely State offences.

There are however offences, referred to as federal offences, that form an exception to the general rule that the creation and punishment of offences is a residual matter and is exclusive to the State Governments. Federal offences fall into three categories, but the details are too complex for discussion here. For such discussion, see The Judiciary as the Third Estate of the Realm (2007), pp 169 – 193, by Ben Nwabueze.

It may therefore be concluded that the prosecution of the Senate President, his Deputy, the clerk of the Senate and his deputy is unconstitutional and unlawful, as a violation of the provision limiting the power of the AGF under section 174(1) of the Constitution to any offence created by or under any Act of the National Assembly”. The provision of the Constitution relevant for this purpose is, not section 174, but section 211, read together with sections 299 – 301 relating to the Federal Capital Territory (FCT), Abuja.

Finally, the prosecution of the President of the Senate and his Deputy for forgery of the Senate Standing Rules cuts a very sad and degrading image of Nigeria in the eyes of the international community. It is a bad reflection on the country, as the leading light in the African Continent that prides itself to be practising democracy.

Considering the high degree of moral turpitude and obloquy it involves, publicised allegation of FORGERY against the President of Nigeria, the President of the Senate or the Chief Justice of Nigeria, as the respect heads of the three arms of government, disgraces, degrades and diminishes all of us as patriotic Nigerians in the eyes of the world, which therefore counsels caution, circumspection and respect for national dignity on the part of us all.

This matter transcends partisan politics and has nothing to do with the war against corruption which we all stand for. The matter demands of the National Assembly, irrespective of party affiliations, to appreciate that what is involved in this case is an attempt to erode not only its powers but also the cardinal principles of the Constitution; it touches indeed the heart of our democracy, and imperils our engagement with it.
Nwabueze, a constitutional lawyer writes from Lagos