Emmanuel Thomas, Lagos
October 11, 2015 – Committee for the Protection of Peoples Mandate(CCPM) has called on the Senate to uphold the rule of law and be patriotic as it prepares to screne ministers submitted to it by President Muhammadu Buhari.
The Senate has slated Tuesday for open screening of the ministers and it has set rules that include presentation of clearance certificate from Code of Conduct Bureau that the minister in question has made a declaration of his asset.
In a statement signed by its Executive Chairman, Mr. Nelson Ekujimi, the group called on the Senate not to usurp functions of the security agencies.
“As the Senate commences the screening of the ministerial nominees submitted by Mr. President, the Committee for the Protection of Peoples Mandate (CPPM), admonishes members of the upper legislative chamber to be patriotic, responsible, responsive, thorough, focused and observant of due process and the rule of law in the discharge of this constitutional responsibility”, the group said.
It said it is very much aware that the legislature is an arm of government constitutionally empowered with the responsibility of making laws for the good of the society.
“Therefore, it is important to warn the Senate not to usurp the constitutional functions of the security agencies and the courts of law based on petitions and allegations submitted to it against some of the ministerial nominees.
“We are also aware that the constitution of the Federal Republic of Nigeria, presumes a person innocent until proven guilty by a court of competent jurisdiction, so the Senate as a law making body must not illegally and unconstitutionally become a court of law by passing judgement on nominees against whom allegations and petitions have been raised”, the group said.
The group explained that office a minister of the Federal Republic of Nigeria does not have immunity to prevent him or her from facing prosecution for an alledgedly committed crime before or after assuming office, therefore, the Senate is enjoined to perform its responsibility of screening with an eye on the rule of law.
“We must remind members of the Senate that the constitution stipulates the minimum requirements of a would be Minister of the Federal Republic of Nigeria and it is expected that the provisions of the constitution as the Grundnorm, would be strictly adhered to, because any rules or conditions put in place for the screening which runs contrary to the tenets of the constitution, would be null and void.
“We also need to remind the Senate and those spurring it to commit illegality and unconstitutionality with regards to the screening of the ministerial nominees, that if their arguments were to be valid and hold water, then a large number of the members of the upper legislative chamber should not have occupied their seats because of pending litigations against their elections at the elections petition tribunals. These petitions and allegations against their victory at the polls as pronounced by the electoral umpire (INEC) can only be upturned by another arm of government, which is the judiciary”, it said.
It calls on the Senate to perform their constitutional responsibility with strict observance of due process and the rule of law which will go a long way in ensuring justice and deepening our democracy.
