The ongoing trial of the senate president, Dr. Bukola Saraki, and his deputy, Senator Ike Ekweremadu, is said to have slowed down the senate from performing its duty, FISAYO FALODI writes Not a few people expected that the eighth National Assembly would focus its attention on seven priority areas to engender probity and discipline in governance when the upper legislative chamber was inaugurated on June 9, 2015.

Some of the priority areas were the petroleum industry bill, probe of financial misconduct suspected to have been swept under the carpet (N195bn pension fraud), fight to ensure legislative independence and drive a reform that would evenly spread the nation's wealth suspected to have been hijacked by the rich few, among others. This is beside the senate’s three cardinal objectives of improving governance, improving business and improving the livelihood of the current senate.

But one year after the senate was inaugurated for responsive lawmaking function and other oversight activities, the upper legislative chamber has yet to properly settle down to work, let alone point out any of the priority areas it has achieved a resounding success. The apparent non-performance of the senate is, perhaps, due to the series of crisis rocking the lawmaking body.

The crisis began amid the euphoria that greeted the declaration of the ruling All Progressives Congress as the winner of the last presidential election.

The two principal officers of the senate, Dr. Bukola Saraki and Senator Ike Ekweremadu, who emerged as the senate president and the deputy senate president in controversial circumstances have been at the centre of the crisis. The two men have been facing trial for various criminal activities since they emerged as the senate president and deputy president respectively.

Saraki is facing multiple trials ranging from false declaration of assets when he was in office as the Kwara State governor to conniving with Ekweremadu and others to forge the Senate Standing Orders 2015 to pave the way for them to emerge as the senate principal officers. Ekweremadu is equally being tried for alleged conspiracy and forgery.

However, both Saraki and Ekweremadu did not only dismiss the allegations as an attempt by the executive (Presidency) to remove them from their positions because they emerged as the senate principal officers against the candidates of the Presidency, they said the trial would subvert the nation’s democracy and desecrate the senate.

Saraki, in a statement he personally signed, vowed to fight the current battles confronting him to the end, adding that he would be glad to end up in jail rather than surrender the leadership of the senate to the "nefarious agenda of a few individuals."

The senate president also alleged that there was a government within the government of the Muhammadu Buhari's administration which he claimed seized the apparatus of executive powers to pursue nefarious agenda.

But the Presidency said it found Sarakis claim "ridiculous" and "preposterous." Similarly, Ekweremadu said his trial would afford Nigerians to see that the charges preferred against him were "nothing but meretricious thrash." Insisting that the trial was political and could endanger democracy, the deputy senate president said, "Let us make no mistake about this: it is not Senator Ike Ekweremadu or Senator Bukola Saraki or the other accused persons that are on trial; rather the hallowed democratic principles of the separation of powers, rule of law, the legislature, and indeed democracy itself are on a ridiculous trial.

"Mere anarchy is unleashed upon the land, but our courage must not fall apart. No condition is permanent and nothing lasts forever." With the postponement of the trial till July 11, 2016 by Justice Yusuf Halilu of the Federal Capital Territory High Court sitting in Jabi, it is believed that the prosecution may have rattled the two principal officers of the senate in no small measure. This is because it is not sure that the court will dispense with the trial on the adjourned date to enable the two men to provide credible leadership for their colleagues in the senate as well as support the executive, which they have seen as their detractor, to find solution to the myriad of challenges confronting the country.

The ongoing trial, some observers believe, have now become an albatross to the senate. They expressed concern that the prosecution, if not dispensed with on time, might have devastating consequences on the polity. A political observer, Mr. Dare Adeiya, noted that the consequence of the prosecution had already been felt in the poor quality of the senate performance in the last one year.

Adeiya's view was contrary to Saraki's position which eulogised his colleague senators for the achievements the upper legislative body had recorded. The senate president praised the senators for having achieved the feat on June 9, 2015, when the senate marked its first anniversary. Adeiya dismissed the commendation as empty phrases. He said that the senate, which he claimed did not have enough time to discharge any meaningful responsibility since its inauguration because of the intractable leadership crisis rocking it, had not "really started any serious legislative business that could promote the interest of the country." Although Adeiya condemned perpetration of criminal activities in any form, he urged expeditious dispensation of the trial to enable Saraki and Ekweremadu to concentrate on their duties.

He said the trial had exposed many members of the senate as a "bunch of people who are not really ready to serve." Adeiya backed his claim with the frequent trooping of the senators to the court to show solidarity for Saraki anytime the senate president appeared in the court.

He said, "Senators could use the precious time they are spending in court to meet at their various committee levels to deliberate on the issues that are affecting the country so that Saraki and his deputy could face their trial." An analyst, Mr. Victor Iyoho, suspected a foul play in the trial. He agreed with Saraki that the executive was behind the whole saga. He saw the trial as an attempt to remove Saraki and Ekweremadu from their positions at all cost by the executive.

Iyoho, however, identified Nigerians as the real victims of the saga because their lives had not been positively affected by the continued trial. He said, "It is very unfortunate that at this time in the life of the current administration, this is still happening. The government is busy chasing shadows!

"According to the constitution that we are operating, the principal officers of the National Assembly are to be elected by members of that body and not by the Presidency. By the posture of this government, the fear that the President will be a dictator is being confirmed. "That the polity should not be unnecessarily heated up, I will advise the Presidency to take its hands off this matter. If the Presidency wants Saraki out as the senate president, it should play its politics well and use the senators to do so, as it was the case during the administration of former President Olusegun Obasanjo."

The role of the judiciary is also said to be critical in the trial. The senate president had described the action of the Attorney General of the Federation and Minister of Justice, Abubakar Malami, who charged him and others to court for the alleged forgery as misguided. For the judiciary to be seen as being fear to all parties in the matter, Iyoho asked the third arm of government to be above board.

He said, "The judiciary, being the arbiter in this case, should be seen to be above board. It should remind the executive that it is the senators and not the Presidency that should elect their leaders. The Presidency should also be concerned with how to salvage its sagging image as it has so far failed in fulfilling its social contract with Nigerians." The analyst agreed that the trial would slow down the performance of the eighth senate, he nevertheless foresaw that Saraki and Ekweremadu would later enjoy more sympathy and support than the Presidency could garner from the National Assembly and the general public.

The Chapter 2 of the constitution which stipulates that the role of the government shall be the promotion of the welfare and security of the people can only be effectively determined when the executive, the legislature and the judiciary are allowed to independently perform their responsibilities. A social commentator, Mr. Taiwo Akinlami, said the trial did not only slow down the performance of the senate contrary to the expectation of the people, but also distracted the leadership of the senate.

He said, "I don't think the senate has been able to hold the executive accountable to its electoral promises; the senate has not been able to play the role of check and balances effectively and I think that the reason is the leadership crisis and other controversies rocking the legislative body.

"The distraction, which has a lot of political undertone, has been a major burden on the leadership of the current senate. That has definitely affected the ability of the upper legislative chamber to deliver on its oversight function as clearly stated in the constitution. "This has now become a pathetic situation as Nigerians should begin to ask questions on their expectations from the people being funded with the commonwealth."

Akinlami, however, doubted the possibility of arriving at a credible and equitable justice in the trial because of what he described as the polarisation of the nation's institutions of governance. He said, "Sometime, the judiciary is a willing tool in the hands of the politicians. When it comes to the funding of the judiciary and the administration of justice, the executive plays a major role.

So, you find out that he who pays the piper calls the tune." The Board Chairman, International Society for Civil Liberties and the Rule of Law, Mr. Emeka Umeagbalasi, urged that the law, while the trial lasts, should not be applied selectively and vindictively.

While stressing that nobody, no matter his or her political, economic, military and social position, must be treated as if he or she is above the law, Umeagbalasi said the trial of Saraki and Ekweremadu had not added any value to the growth and the advancement of the country since it (the trial) began. He said, "The trial is highly political and vindictive. Crime of forgery exists in the country's criminal codes, but the question is: does the act in the instant case constitute actual crime of forgery?

'The act in question is that the Senate conducted its internal leadership poll with its own written rules and the Presidency was dissatisfied to the effect that those it wanted to emerge never made it leading to executive interference and instigation of some senators to allege forgery of the Senate rules. It was the same rules that were used in the House of Representatives internal leadership poll, yet heaven has not let loose till date.

"Again, where can we place the mere National Assembly rules in the realm of Nigeria’s Criminal Codes? Are they substantive or supplementary? What are the prescribed criminal penalties for altering the Senate Rules in Nigeria? Who investigated the so-called Senate Rules forgery"? And where is the report?"