Abdul-Rahman Abubakar
2 July 2008
The Senate yesterday passed a resolution barring security agents, especially operatives of the Economic and Financial Crimes Commission (EFCC), from arresting any suspects within the premises of the National Assembly.
The Senate also frowned at the arrest of two former Ministers of Aviation, Chief Femi Fani-Kayode and Prof. Babalola Borishade by EFCC officials within the premises of the National Assembly shortly after they testified before the Senate Aviation Committee.
The two ministers, who made conflicting presentations on the disbursement of N19.5 billion Aviation Intervention Fund, were arrested in connection with revelations made by Managing Director of Avsatel GMB of Vienna, Mr. George Eder, contractor of the controversial N6.5 billion Safe Tower Project, who was earlier arrested by EFCC.
Apparently angered by the arrests, the Senate said the EFCC and other security agents must henceforth stop the arrest of persons who appeared to testify before its committees, saying, "We cannot be used as a dragnet for the EFCC."
While setting the tone for the debate on the Senate floor, Senator Eyinnaya Abaribe (PDP, Abia) came under Order 15 of Senate Standing Rules to say the privilege of lawmakers was breached by EFCC for arresting official guests of the Senate.
According to Abaribe, "I am disturbed by reports in the media that some people that came to testify before Senate Committee were arrested. Mr. President we know that any person that steps into the legislature on invitation of the Senate President or Speaker of House of Reps is not supposed to be arrested. I think that EFCC has infringed on the privileges of the National Assembly members."
In his ruling, Senate President David Mark upheld the point of order saying, "This place cannot be a place for arresting people for crimes committed elsewhere. For example, someone commits a crime elsewhere and then we invite him to testify before a committee and then you come to arrest him. I don't think that is right."
In the debate that ensued on the matter, Senator Uche Chukwumerije (PPA, Abia) said the EFCC has exhibited incompetence by relying on revelations made at the Senate investigative hearing to make the arrests.
According to him, "Those invited are official guests of the Senate that have come to testify. It is unnecessary that the atmosphere should be marred by arrest. These people were never declared wanted by the EFCC and they are not hiding. The EFCC is only relying on the Senate to do its work. This is incompetence. Such arrest will have major impact on future investigations because people with useful information will no longer want to come to testify."
Senator Adeleke Mamora (AC, Lagos) said though the privileges of no arrest are for members of the National Assembly, "It can be extrapolated to official guests. We don't want people to feel they are being arrested as a result of attending our function."
In his ruling, Senate President David Mark said EFCC and other security agents in the country should desist from arresting persons within the premises of the National Assembly saying, "They can wait at the gate for them."
Senator Mark said the EFCC had given a wrong impression by the arrests as if the Senate is luring people to the National Assembly for them to be arrested.
He said, "On the issue of entry into the National Assembly; to my simple understanding the decision to come into and go out of the National Assembly is on the authority of the Speaker or the President of the Senate. The issue is whether there is immunity on arrest within the National Assembly or not. And I think we should not restrict it to legal interpretations. If people who come here are allowed to be taken away at will by security agents before we wind up fully (on our investigations), what we are going to end up with is a situation where people would be scared away because of the fear of what will happen to them. The arrest that was done in my opinion, was not based on the evidence that they have given but because somebody somewhere said something else."
"But since these people (EFCC) have this information, they should arrest them elsewhere. That is what we are saying. We are looking at it from a moral point of view. For people to come here and give evidence, we should not allow the security agents to come here and just arrest people and take them away. That is my ruling. As much as possible, people who have committed or are suspected to have committed any offence should not be chased into the National Assembly. The EFCC should summon them so that people who are invited here should not be arrested for offences not committed within the premises".
Briefing newsmen later, Chairman Senate Committee on Media and Information, Senator Ayogu Eze (PDP, Enugu North) said the National Assembly cannot be turned into a hunting ground for suspects by EFCC.
"The arrest of official guests of the National Assembly is totally condemnable and it is against legislative practice all over the world. If we invite a government official or any citizen of Nigeria, that person is assumed to be wearing the toga of the privilege of the institution that has invited him or her and therefore it will be wrong to come and arrest such person. We believe that in some backhanded manner this is an admission on the part of the security agencies that they are failing in their responsibilities because these people who they have arrested within the precinct of the National Assembly were people who were moving freely in Nigeria and their activities in office are there for everybody to see. I believe that a more diligent security outfit would even have arrested them before now."
He added that though the legislature will not harbour those who have committed criminal offences against the country, "We frown at the idea of security agencies coming to use the chambers or the premises of the National Assembly as dragnet for grabbing people who are answerable to them. They can do so outside here. We will not take kindly to situation where they will turn this place into a hunting ground."
Meanwhile, Governor of Central Bank of Nigeria (CBN) Prof. Chukwuma Soludo and Transportation Minister Mrs. Diezani Allison-Madueke did not appear before the Senate Ad-Hoc Committee investigating transportation sector yesterday as directed.
The two officials were summoned by the Senate Investigative Panel to give clarification on N30.9 billion withdrawals from the transportation ministry account with CBN within the last four days of 2007.
Chairman of the Committee, Senator Heineken Lokpobiri (PDP, Bayelsa South) however clarified their absence saying, "We have to shift the appearance of the minister to Thursday because I learnt she is accompanying the Vice President to a seminar where she would make presentation. So it is not going to be possible to combine the two functions."
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how can the senate said the EFCC should not arrest any body in the senate building so if one of the senators is guelte of corruption so he or her can not be arrested i think this corrent senators most be corrupt ,so eyes should be on them.