The duo alongside Salisu Maikasuwa, former clerk of the national assembly and Ben Efeturi, former deputy clerk had been accused for forging the senate rules which led to the emergence of former as senate president and deputy senate president in June 2015.
They have all denied the charges levelled against them by the government.
However, Aliyu Umar, counsel to the federal government in a motion on Thursday filed at the high court, said after studying the case he has decided to amend the charge.
On this note, Saraki and Ekweremadu are free of the charge but Maikasuwa and Efeturi would face prosecution.
“Salisu Maikasuwa and Benedict Efeturi, on or about the 9th day of June 2015 at the National Assembly Complex, Three Arms Zone, Abuja within the jurisdiction of this honourable court agreed to do an illegal act, to wit to make the Senate Standing Orders 2015 as amended without the authority of the 7th Senate of the Federal republic of Nigeria which act was committed by yourselves and that you thereby committed the offence of criminal conspiracy,” the amended charge filed by Odubu Loveme, a government litigation officer read.
Umar in a note backing up the motion said it was at the discretion of the court to permit the amendment to the charge based on Section 216 (1) of the administration of criminal justice act.
Forging a document is a crime punishable under section 366 of the Penal Code Act (Northern States) Federal Provisions Act, 1960, Cap 345, Laws of the Federation 1990 as amended.