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The embattled President of the Nigerian Senate, Dr Bukola Saraki and his deputy, Ike Ekweremadu, seem to be moving from frying pan to fire as the Attorney General of the Federation (AGF), Abubakar Malami, has declared the election that produced the due was a nullity and couldn’t stand the test of legality.
He has therefore advised the Director of Public Prosecution to take an immediate step to proceed against the Saraki and other members of the Senate leadership.
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In a legal opinion written by the office of the AGF, Malami wrote that since the election was conducted with an alleged forged document, it is just natural to conclude that election in itself is a nullity from the beginning. In the legal advice issued by the Federal Ministry of Justice with reference number, DPPA/ADV/258/15, recommending that some suspects, whom the police refused to name in their investigative report, should be prosecuted.
The legal opinion, which analysed the evidence thrown up by the police investigation, had indicated that the “leadership election, based on the forged document, cannot stand and it is null and void”.
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The legal advice added, “Further investigation should reveal:
“Who authorised the promulgation of the Senate Standing Order 2015?
“Who published the Senate Standing Order 2015?
“Who approved the Senate Standing Order 2015?
“Who paid for the publishing of the Senate Standing Order 2015? and
“Who distributed the Senate Standing Order 2015?”
In addition, the legal advice recommended the yet-to-be-identified suspects to be prosecuted “for criminal conspiracy, contrary to provision of Section 97 of the Penal Code; forgery, contrary to Section 99 of Penal Code; breach of official trust and unlawful assembly contrary to Section 102 of the Penal Code.”
The legal advice also recommended that the various versions of the Senate Standing Orders since 1999 should be collected as part of evidence needed for the prosecution of the case.