7 findings from Police investigation of the Senate forgery scandal

The Police has released a 13-page report following its investigations into the alleged forgery of the 2015 Standing Rules of the Senate.

The report contains submissions from seven senators belonging to the National Unity Forum led by Senator Ahmad Lawan.

The Senators affirmed that the amendment of the rules was not according to the laid down rules of the Senate and the Police report termed the development as criminal and portending danger for Nigeria’s growing democracy.

The report was authored by the Deputy Inspector General of Police, DIG Dan‘Azumi Doma.

Below are the 7 findings;

(a) That on the 9th of June, 2015, a document entitled “the Senate Standing Order 2015 as amended” was distributed to senators of the 8th Senate for their inauguration as members.

(b) That the contents of the Senate Standing Order 2015 as amended are substantially different from the Senate Standing Order 2011 as amended. Sections 2(iv), 3(3)E, I,ii,iii, G and H, 5 and 7 of the Rules are different in the two Orders.

(c) That the Senate Standing Order 2015 as amended was used by the clerks of the National Assembly and the Senate as the Senate Standing Orders to inaugurate and conduct elections into the offices of the presiding officials of the Senate viz the Senate President, the Deputy Senate President etc.

(d) That the testimonies of some members of the 7th Senate including that of the chairman of the Business and Rules Committee and Senators of the 7th Senate indicate that the Senate Standing Order 2011 was not amended during the tenure of the 7th Senate which ended on the 8th of June, 2015.

(e) That the procedure for the amendment of the Senate Standing Order as contained in Section 110 of the Senate Standing Order 2011 as amended stipulates that any amendment to the Senate Standing Orders should be in line with the following procedures:

i. Any senator desiring to amend any part of the Rules or adding any new clause shall give notice of such amendments in writing to the President of the Senate giving details of proposed amendment.

ii. The President shall within seven working days cause the amendment to be printed and circulated to members. Thereafter it shall be printed in the Order Paper.

iii. The movers of the amendment shall be allowed to explain in details the proposed amendments, thereafter the Senate shall decide by simple majority votes whether the amendment should be considered.

iv. If the decision is to consider the amendments, then another date shall be set aside by the Rules and Business Committee, whereby opportunity would be given to Senators to further propose amendments but must strictly be confined to the original amendments.

v. Two third majorities shall decide the amendments and such amendments shall form part of the Rules of the Senate.

(f) That the Clerk of the Senate, Mr. Benedict Efeturi, who doubles as the Deputy Clerk of the National Assembly confirmed in his statement that the Senate Standing Order 2015 as amended was produced on the orders of the Senate leadership without following the amendment procedures as contained in the Senate Standing Orders 2011 as amended.

(g) That the allusion by the clerk of the Senate to procedure of amending the Standing Orders of Parliament through “practise and not necessarily by procedure” is a misplaced analogy and undemocratic because the Nigerian Senate has clearly laid-down without a provisio, the procedure to be adopted in amending its standing orders as contained in section 110 of 2011 Senate Standing Orders.