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Tag: Prof. Itse Sagay (SAN)

  • Sagay: Obasanjo suffering from power withdrawal syndrome

    Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) on Tuesday said former President Olusegun Obasanjo was suffering from what he called “power withdrawal syndrome”.

    He said Obasanjo lacked the qualities that mark the status of a former President, such as quiet dignity, respect, discretion, decorum, discipline and restraint.

    “Obasanjo does not have a single one of these qualities.

    “We have had a number of former heads of state, namely Gowon, Shagari, Babangida, Abubakar Salami and Jonathan.

    “All of these have exercised discretion, restraint and self-discipline in relation to their successors, but not Obasanjo,” Sagay said.

    According to him, Obasanjo’s “boisterous, aggressive and hectoring attitude” towards succeeding Presidents meant he was suffering from the effects of leaving office.

    “It strikes me as a case of one who has never recovered from the loss of power.

    “By his meddlesomeness, rude and uncouth attitude towards later heads of state, it is clear that he is addicted to a substance called ‘power’, and is angry and resentful towards any other person exercising it,” Sagay said.

    The eminent professor of law recalled that Buhari was not the first President to be attacked by Obasanjo.

    Read also: Seyi Makinde to voters: I will create wealth if elected

    “The truth is that Obasanjo has never recovered from his power addiction and in his own mind, he is the President-General of Nigeria for life,” Sagay said.

    The PACAC chairman said another strange phenomenon is Obasanjo’s capacity to launch vitriolic attacks on his successors allegedly doing what he (Obasanjo) did repeatedly as president “without a thought of his own gross misdeeds; a clear case of amnesia”.

    After recounting some of Obasanjo’s misdeeds, Sagay added: “Obasanjo believes that he can break all rules and ethics but it is a crime for others to even appear to follow his footsteps in that regard.

    “He is a man who is not conscious of a sense of wrongdoing and is probably unaware of the long list of depredations trailing his footsteps.

    “The man is not just immoral, he is worse; he is amoral, i.e., he lacks a sense of right or wrong.

    “Obasanjo is now an old man. It is now imperative that he learns to exercise some discretion and restraint in his public statements.

    “His bombastic, false, misleading and destructive outbursts, are not befitting of a so-called Elder Stateman, even more less of a former president.

    “Obasanjo, let Nigeria be!  Go to Owu and rest!”

  • Saraki should resign as a matter of honour, says Sagay

    …EFCC’s seizure of Benue’s account was extreme

     

    Presidential Advisory Committee Against Corruption (PACAC) Chairman, Prof Itse Sagay (SAN) Thursday said Senate President Bukola Saraki should step down as a matter of honour even if he is not bound by law to do so.

    According to him, it would only require two-thirds majority of available Senators to unseat Saraki.

    Sagay, however, emphasised that the Senate President’s defection from All Progressives Congress (APC), the platform on which he was elected, to the People’s Democratic Party (PDP), does not invalidate his position.

    Read Also:Saraki, others goofed by defecting to PDP, says APC lawmaker

    He spoke in Abuja on the sidelines of a workshop on the United Kingdom Unexplained Wealth Order (UWO), organised by PACAC, UK National Crime Agency and the Department for International Development (DfID).

    On whether Saraki was bound to resign, Sagay said: “He should relinquish his position as a matter of honour. He’s not compelled by law to do so. He needs to be removed by two-thirds majority.

    “He got there because he was in APC even though he got there by subterfuge, which is typical of him. He got there in a cheeky, fraudulent manner.

    “Nevertheless, for him to be removed, they need two-thirds, not of the Senate, but of those present and voting at a meeting.

    “It doesn’t have to be everybody. It’s those who happen to be there. Once they meet the quorum of one-third, and he is there, he can be removed by two-thirds of that one-third.”

    Sagay faulted the freezing of Benue State’s account by the Economic and Financial Crimes Commission (EFCC), describing it as “extreme”.

    He said while EFCC could investigate governors, they cannot be prosecuted since they have immunity.

    “There’s nothing EFCC can do to him (Governor Samuel Ortom). They can’t arrest him. They can investigate him, put down the records of what they found, and wait for his tenure to end. Right now nobody can touch him.

    “As for freezing Benue State’s account, I can’t support it. I don’t know why, but government has to function. I don’t want people to suffer because there are no funds for basic government functions.

    “I don’t know if EFCC really did that; we have to be careful because it looks extreme to me,” Sagay said.

    The eminent professor of law rejected calls for President Muhammadu Buhari to sack finance minister Mrs Kemi Adeosun over the allegation that she skipped the National Youth Service Corps (NYSC) programme and forged an exemption certificate.

    Asked what he thought about the government’s refusal to react to the issue, Sagay said: “I don’t know why the government has not reacted.

    “But, let me tell you my reaction. This woman is a brilliant and extremely valuable member of this government.

    “A lot of the good things happening now – the welfare that Nigerians are enjoying and are going to enjoy, because it takes time, and the way our economy is booming, how we got out of recession – are due to her expertise, her commitment, her sacrifice.

    “There is nothing in this world that will make me remove such a woman from the government. The PDP can weep from now until there is no tear in their body; she is going to be there. We cannot afford to lose that woman.”

    Asked if it was not an offence to skip NYSC, Sagay said: “Who cares about youth service? I don’t bloody care whether she did youth service or not. It’s irrelevant as far as I am concerned.”

    On the allegation that she forged an exemption certificate, the PACAC chairman said: “I don’t believe it. I don’t see anything serious about not doing youth service. I don’t see anything serious about it. That’s my own bias, not government’s.

    “I’m telling you now. If you ask me – If I were President Buhari, I would never, ever touch that woman because she’s damn good.

    “The enemies of this government want to reduce his capacity to provide good governance by engaging in social media attacks and trying to get rid of her. It will not work.”

  • Sagay: I did not threaten judges

    Sagay: I did not threaten judges

    Presidential Advisory Committee Against Corruption (PACAC) chairman Prof Itse Sagay (SAN) has denied a report that he threatened judges, saying his views were misrepresented.

    The report (not by The Nation) had the headline:  Sagay threatens judges who ignore provisions of ACJA.

    He said in a statement: “I want to deny emphatically that I issued any threat to judges.  What I said was that some judges still adjourn corruption cases for more than the maximum of 14 days stipulated by the Administration of Criminal Justice Act (ACJA).

    “I also said there have been cases in which judges have adjourned to give rulings in interlocutory applications instead of waiting for the Day of Judgment on the substantive matter to read both ruling on the interlocutory application and judgment on the substantive issue of corruption.

    “I then added that in my view, such lapses constituted gross misconduct deserving of sanctions by the National Judicial Council (NJC).

    “Thus, the use of the term ‘Sagay threatens judges’ is inflammatory sensationalism.  I appreciate that newspapers have to make sales in order to survive.  But that should not give rise to undue sensationalism and offensive terms at the expense of accuracy and the true message of the person interviewed.

    “I am very open to interviews because I believe that the press is a critical institution in the fight against corruption. This cooperation and openness will be destroyed by the publication of inaccurate, self-serving and misleading statements in the guise of interview reports.”

    Read Also:Sagay: Obasanjo’s comments insulting, inappropriate

  • Sagay: DHQ right to declare IPOB a terrorist organisation

    Sagay: DHQ right to declare IPOB a terrorist organisation

    Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) yesterday backed the military’s declaration of the Indigenous People of Biafra (IPOB) as a terrorist organisation.

    He said he agreed with the Defence Headquarters’ description of IPOB as a terror group even if he was not sure whether the army complied with legal requirements in making the pronouncement.

    Sagay, in an interview with our correspondent, said IPOB exhibited characteristics that justified being so described.

    According to him, even if the group wanted secession, there were better ways of doing it than using abusive language and stoking violence, which he accused IPOB leader Nnamdi Kanu of.

    He said: “Whilst I’m not sure of the legal parameters of that declaration, in practice, I agree. If you look at it, we’re very lucky that this thing did not get out of hand.

    “They (IPOB) were coming in their thousands, establishing road blocks, bringing out Northerners – for what, I don’t know – to kill some of them? If that is allowed, then the country is finished. Then they burned down a police station, killed a policeman.

    “For Christ’s sake, even if you want Biafra, you don’t have to be violent. If you look at the words that Kanu uses on the social media, how he has described our President and the rest of us as living in a zoo – abusive, violent, intemperate words – kill, kill, kill, all those in my view, constitute in totality acts of terrorism in which they can push undiscerning youths into rage and violence, which can be destructive.

    “You saw Moslems seeking protection in Port Harcourt. If you start killing Northerners and the North reacts, then we’ve had it.

    “I just thank God that the North is showing some maturity and some sense of restraint while this is being curbed. But we really need to curb IPOB, otherwise they will turn this country into a tinderbox.”

    Sagay said he would not stop expressing his views on issues of national importance despite the Senate asking President Buhari to call him to order.

    When reminded that the All Progressives Congress (APC) also once cautioned him about his criticisms of the National Assembly, the law professor described the party’s leadership as “a failure”.

    He said: “As for the leadership of the APC, I think they are the most unprincipled group of people. They are lily-livered, weak, and cannot run any organisation. The whole party is collapsing under them. They cannot control anybody.

    “In fact, they’re now encouraging and accepting ‘rogue elephants’, pampering people who are destroying the party, saying ‘let’s not annoy them too much’, but they’re destroying the APC house.

    “So, I think the APC leadership is weak, is too compromising and is certainly a failure as far as I’m concerned.”

    Sagay said the war against corruption could not be won without committed judges.

    He accused some judges of “deliberately” sabotaging the crusade by obstructing justice.

    His words: “We are very concerned about the judiciary. Without the judiciary, we can kiss the anti-corruption war goodbye. We must have a committed judiciary, otherwise they will keep messing up any case that comes. It’s so easy to give a reason, which will appear to be reasonable, and the public will say the anti-corruption agencies have not done their homework. It’s not so.

    “Quite a number of the judges are deliberately taking decisions which I’d say indicate their hostility to the anti-corruption war. There are judges who are hostile. There are judges who interfere when such cases are going on, using their position to ensure that government loses.

    “Government is aware of all this. It’s just that some of us are not in a position to take decisions. People who should be stopped are slipping through and still being relevant when in fact they should be pushed aside into retirement where they will not interfere in the anti-corruption struggle.

    “There are reports on these judges, some by the Department of State Services (DSS). I feel that judges who are not committed to the eradication of corruption should be eased out of the system.”

    Sagay said he stood by his assertion that the Senate was self-centered and unsupportive of the anti-graft war.

    “One of the most critical Bills pending before them – the Special Crimes Court Bill – was yet to be passed,” he said.

    The PACAC chairman said it was rather the Senate that owed him an apology for abusing him for speaking the truth.

    “I didn’t abuse them. I merely said they’re not committed to the Nigerian people, that they’re there for themselves alone. I provided the figures to show it. I know the worse exists.

    “There are certain things I didn’t say. I did not even mention what the Majority Leader, Deputy Senate President and Senate President get as extras. Those extras run into hundreds of millions of naira. What I said at that lecture is a tip of the iceberg.

    “Our aim is for the National Assembly to finally admit that they’re frittering away our national assets and preventing these funds from being used for various other vital sectors to create more employment and fix infrastructure.

    “If you recall, former Central Bank of Nigeria (CBN) Governor Lamido Sanusi said they were consuming 25 per cent of our budget. They didn’t deny it. Instead, former President Jonathan forced Sanusi out.

    “If we look at the senators’ allowances, we should ask ourselves questions. Should we be the ones clothing senators? Should my tax be used in hanging agbada on a senator?

    “How many times has government provided clothes for workers? But these men who are overpaid are still asking us to clothe them as if they arrived in Abuja naked.

    ”These same people ask us to pay them hardship allowance for doing their job. What of the man who is earning N18,000 a month, who operates machinery and sweeps the streets? No one pays them hardship allowance!”

    “Yet, people who live in tremendous luxury get paid hardship allowance running into billions. Why are Nigerians quiet about it? I don’t understand it,” Sagay said.

    On the Senate’s refusal to confirm Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu, Sagay said it was the President’s exclusive prerogative to decide how long he remains in office.

    “Magu can act indefinitely. The Senate does not have jurisdiction in this matter. It is the President who does because of Section 171 of the Constitution. This government is being a bit gentle, not wanting to ruffle feathers. Maybe that’s why they’re politicians and in government.

    “If people like me who are not politicians were there, these people (senators) would have heard a different message. I’d have rammed things through and damned them to go and do whatever they like, and let’s see who would come on top.

    “I believe that ultimately, righteousness, a good cause, a belief in principle will prevail. We’re dealing with people who are undergoing all sorts of investigations; they cannot face the righteous.”

  • Sagay: Bank chiefs aiding corruption should face trial

    Sagay: Bank chiefs aiding corruption should face trial

    The Presidential Advisory Committee Against Corruption (PACAC) will push for the prosecution of bank chiefs who connive with looters to hide stolen funds, its chairman, Prof Itse Sagay (SAN), said yesterday.

    According to him, the “monstrous epidemic of high profile corruption” could not have afflicted Nigeria without bankers’ collusion.

    They must not get away with it, Sagay said.

    “In my own little way, we are going to push for the prosecution of such bank chiefs. They must be prosecuted,” he said.

    Sagay said the legislature, senior lawyers, especially Senior Advocates of Nigeria (SANs), and some “hostile and powerful judges” work against efforts to rid the country of corruption.

    “There is a gang-up of the of the powerful political, business and banking elite that is determined to frustrate the anti-corruption struggle,” he said.

    The PACAC chairman delivered a public lecture in Lagos on the topic: The many afflictions of anti-corruption crusade in Nigeria. It was organised by the Nigerian Society of International Law.

    Sagay said the National Assembly was made up of self-serving lawmakers who allocated N125billion to themselves alone this year.

    He said while the United States President earns $400,000 per annum, a Nigerian senator earns over $1.7million.

    Sagay said apart from a basic salary of N2.4million per month, they earned allowances, such as hardship (50 per cent of basic salary), newspaper allowance (50 per cent), wardrobe allowance (25 per cent), entertainment (30 per cent), recess (10 per cent) and leave (10 per cent), among others.

    The total allowances, he said, amounts to N29.5million per month and N3.2billion per annum.

    “Perhaps the most notorious example of the legislators’ resistance to the war against corruption is the rejection of the right of the executive to choose the persons who will spearhead that struggle.

    “The clear impression is created that Nigerian legislators are in office for themselves and not for the populace.

    “Not surprisingly, the National Assembly has not passed a single bill for the promotion of anti-corruption war since it commenced business in July 2015. The Whistle Blowers Protection Bill, the Proceeds of Crime Bill and the Special Criminal Court Bill remain in a virtual state of stagnation.

    “What evidence do we need to establish the hostility of the eighth Assembly to the anti-corruption war?” Sagay queried.

    The eminent professor of law described corruption in the judiciary “a national tragedy that should be avoided at all cost”.

    He said no one would have remotely imagined as recently as 1999 that judges could indulge in the crime of selling their judgments to the highest bidder for hundreds of millions of dollars.

    The National Judicial Council (NJC), he said, does not have a disciplinary capacity to deal with crimes of such gravity.

    “That is why, tragically, we are now experiencing judges being tried in courts like common criminals. That is why the anti-corruption and security agencies have taken it upon themselves to continue from where the NJC stopped.

    “It is a painful but necessary sacrifice we must make in order to cleanse and sanitise the system and to breathe new life into it,” he said.

    Sagay said SANs deserve “harsh punishment” for shamelessly approaching judges and introducing them to a “demeaning and shameful culture” of bribery and corruption.

    “These SANs deserve the harshest punishment of all. Anti-graft agencies and the police must monitor and investigate the activities of lawyers who receive a share of the proceeds of crime as their fees,” he said.

    Sagay said it was largely SANs, “stuffed full of money”, who designed every scheme imaginable to frustrate the trial of 15 former governors since 2007, out of whom only two were convicted.

    According to Sagay, the Muhammadu Buhari administration has recorded several successes, including massive recovery of stolen assets, elimination of high profile looting and prosecution of high profile cases, including judges, which he said were previously ignored.

    “The anti-corruption struggle is like a long distance race – a marathon. It cannot be concluded overnight. The opposition is extremely powerful, using state resources to fight back.

    “What we are going to see is a progressive dismantling of the corruption infrastructure. Convictions will occur now and again, but there will be frequent forfeitures of looted funds and other types of property. Remove stolen loot from the culprit and his life becomes miserable.

    “In addition to loot recovery, high profile looting at the executive level has been eliminated. Nigeria was bleeding from numerous open wounds when this administration took over about two years ago. All the bleeding has been staunched.

    “What is now needed is the positive support of the citizens of this country in this titanic struggle,” Sagay said.

     

  • How NJC shields corrupt judges, by presidential adviser

    How NJC shields corrupt judges, by presidential adviser

    …Litigants now bypass lawyers to see judges directly

     

    Special Adviser to the President on Prosecution, Office of the Attorney-General of the Federation, Mr. Okoi Obono-Obla, has accused the National Judicial Council (NJC) of shielding corrupt judges.

    He said the NJC “descends heavily” on judges who have no godfathers or connection, but leaves judges known to be corrupt on the bench because of their family history and other considerations.

    Obono-Obla said corruption has become so rife in the judiciary that some litigants approach judges directly, bypassing their lawyers.

    He said a Senior Advocate of Nigeria (SAN) once confided him that that lawyers’ income was dropping because litigants prefer to go to judges directly.

    The presidential spoke in an interview with our correspondent in office in Abuja.

    Obono-Obla disagreed with those who complain about loss of high profile cases.

    He said critics should wait until all the cases have been decided by the Supreme Court.

    Obono-Obla said he agreed with the view expressed by Prof Itse Sagay (SAN) that the NJC was working against the anti-corruption crusade.

    “I support Prof Sagay’s position. There is no doubt about it. We’re not saying that if we take people to court, if there’s no evidence you should convict them. Just do the right thing. We hear a lot of stories. We have eyes. We know the system. I have practiced law for over 20 years. I know how the system works. We know the judges who are bad. It’s not all the judges who are bad. We know the bad ones.

    “NJC is not doing enough. If they’re doing enough, all judges that have undergone criminal investigation, that have allegedly collected money from lawyers, they should make a list of them and send to Mr President, and recommend their retirement from the Bench. And they should stop protecting some judges,” he said.

    Obono-Obla said several complaints have been taken to the NJC without being treated.

    He said judges who were expected to be sanctioned because of the severity of their offence were merely warned and placed on a “watchlist”.

    “We have taken complaints to NJC and they don’t want to handle them. Let me give you an instance. We reported a judge of the Rivers State High Court to the NJC. We got a petition from a woman who was elected a member of the River State House of Assembly under the platform of the All Progressives Congress (APC).

    “Her opponent challenged her case. He went to the tribunal and lost. He appealed and lost. The Court of Appeal ordered that a certificate of return should be issued to her. The Independent National Electoral Commission (INEC) issued a certificate of return to her.

    “Her opponent went to the Rivers State High Court to file a lawsuit against her. The judge issued an ex-parte order restraining her from taking her sit for one year. For one year, she was not allowed to be inaugurated in the Rivers State House of Assembly.

    “We petitioned against the judge as to why he should dabble into an election matter that the Court of Appeal had given a final judgment on.

    “National Assembly election petition cases terminate at the Court of Appeal, so any judge who is knowledgeable, who has integrity should know that he should not issue an ex-parte order to restrain somebody who has been elected and gone through the litigation process to the end.

    “Do you know what NJC did? It said that judge should be warned. And that he’s in their watch-list,” Obono-Obla said.

    He recalled that NJC once warned a judge in Akwa Ibom who restrained anti-graft agencies from arresting a former governor and placed him on a watchlist, but retired a judge who committed a lesser offence.

    “So, you see the inconsistency of the NJC,” he said.

    He called for a reform of the NJC, saying it was not objective in handling corruption cases against judges.

    Obono-Obla said: “I’ve expressed the view that you cannot be a judge in your own cause. That is a fundamental principle of the law of natural justice. Why should judges be the judges of judges? NJC should be made up of members of the civil society. They don’t need to be judges. They don’t need to be lawyers. We have a lot of members of the civil society who are people with integrity. They can look at complaints against a judge dispassionately and objectively.

    “We see them (NJC) trying to protect some classes of judges. Some because their parents or grand-parents were eminent jurists, their grand-fathers were Chief Justices of Nigeria, their fathers were at the Court of Appeal, then they’re seen as a children of the judiciary, then they have to protect them.

    “But if another judge who does not have that sort of pedigree commits an offence, they will descend heavily on that judge. We have seen it. That is why we have a lot of judges who have misbehaved but have become ‘institutions’.

    “A friend of mine who is a SAN filed a complaint against a senior judge of Federal High Court. He was very certain NJC would retire the judge. But the judge was exonerated. And the judge has dirty records. We know them.

    “Lawyers know them but they’re afraid to speak out because they fear judges will punish them or not give them good recommendation. But we have to change the system, because lawyers are no longer making money.

    “An SAN told me: ‘We may not come out and clap for you (the Federal Government). But we’re very happy with what you’re doing to cleanse the judiciary. As a SAN, I cannot pay my bills. Litigants don’t come to us again. They prefer to go to judges directly.

    “In the past, judges will not allow a politician to visit them and begin to discuss pending cases. But now you see Supreme Court justices allowing politicians to come and discuss cases before them. And they will not order their arrest?”

     

  • NJC faults Sagay on recall of suspended judges

    NJC faults Sagay on recall of suspended judges

    The National Judicial Council (NJC) Saturday rejected the accusation made against it by the Chairman, Presidential Advisory Committee Against Corruption (PACAC), Professor Itse Sagay that the Judiciary was not in support of the current administration’s anti-corruption war.

    Insisted that its recent decision to recall the six judges suspended in the wake of  their investigation for corruption allegation by the Department of State Services (DSS),was in order.

    The NJC said in a statement that  the Judiciary was infull  support of the administration’s efforts to curb corrupt practices in the country and would  continue to do so within the ambit of the law.

    The council’s  Director of  Information, Soji Oye,who signed the statement also dismissed claim by the Special Assistant to the President on Prosecution, Okoi Obono-Obla that the Federal Government has appealed the acquittal of Justice Adeniyi Ademola of the Federal High Court.

    It said investigation by its officials revealed that there was no valid appeal filed yet against the April 5 ruling by Justice Jude Okeke of the High Court of the Federal Capital Territory (FCT) acquitting Justice Ademola, his wife and a lawyer, Joe Agi (SAN).

    Justice Okeke had, in the ruling, upheld the no-case submission by Justice Ademola and his co-defendants, charged with corruption related offences. 

    The NJC expressed regret that the Executive was not cooperating with the Judiciary in cases of judges that have been recommended for either sack or compulsory retirement.

    The NJC said: ‘’contrary to the allegations by Professor Itse Sagay, (SAN), Chairman, PACAC, that Judiciary took a hasty decision to recall the Judges, and that it is not on board with anti-graft war of the Federal Government, the number of judicial officers that have been removed from office for misconduct particularly for corrupt practices since President Buhari administration came on board, that has been made public by NJC in October and November, 2016, speaks for itself in that vein.    

    “Some of the judicial officers were removed from office by dismissal or compulsory retirement by the President or Governors on the recommendation of the National Judicial Council.  

    “While a number of the judicial officers were reprimanded by Council in the exercise of its Constitutional powers to exercise disciplinary control over judges of superior courts of record in the Federation.’’  

    It claimed that  some of the judicial officers  it  recommended for dismissal or compulsory retirement from office by the presidency or Governors, have not to date been removed from office.  

    It added:”But for suspension of the affected judicial officers from office by NJC, they would have to date been still performing their Judicial duties. 

    “And these are officers that have been found culpable of gross misconduct by National Judicial Council after due process and diligent fact finding investigation by Council based on the Rule of Law enshrined in the 1999 Constitution of Federal Republic of Nigeria, as amended, NJC Judicial Discipline Regulations and Code of Conduct for Judicial Officers of the Federal Republic of Nigeria.  

    “The NJC will soon issue an advertorial on the foregoing and list out the number of judicial officers that have since April, 2000 when it held its inaugural meeting to date, been dismissed or compulsorily retired by the President or Governors for gross misconduct or corrupt practices, on its recommendation; and also reprimanded by council by suspension or warning/caution.

    “Council is not oblivious of the fact that some major stakeholders in the Judiciary and justice delivery sector in conjunction with the Nigerian Bar Association, met with the Honourable Attorney-General of the Federation and anti-graft and security agencies before the judicial officers were recalled, to discuss the subject matter and in particular the fate of the judicial officers that have not been charged and arraigned.  

    “When no progress was made, the NJC, which is the only constitutional institution empowered to exercise disciplinary control over judicial officers for misconduct, decided to recall the judicial officers.

    “It is to be stressed that our criminal justice is also predicated on accusatorial system and not inquisitorial.  

    “Thus, every accused person is presumed to be innocent until his guilt is proved beyond reasonable doubt by the prosecution.  

    On Obono-Obla’s statement  that the Attorney-General of the Federation filed a notice of appeal against the ruling of  Justice Jude Okeke discharging and acquitting Justice  Ademola and 2 ORS on 7th April, 2017,the council said  the registry of the High Court of the FCT, Abuja, informed the Department of Information of the NJC that the AGF office filed two Notices of Appeal in the Court; the first one on 7th April, 2017, against Justice  Ademola, his wife, and  Agi, while the
    second one was filed on 6th of June, 2017, two days after the press release was issued by the NJC, with additional grounds of appeal against only Ademola. 

    “It is on record that when the parties were invited by High Court of the FCT for settlement of records to be transmitted to the Court of Appeal on 18th April, 2017, the Appellant failed to turn up,’’ the NJC said.

  • Sagay to Judiciary: You’re hostile towards anti-graft war 

    Sagay to Judiciary: You’re hostile towards anti-graft war 

    … PACAC chair slams NJC for condoning corrupt judges

     

     

    Presidential Advisory Committee Against Corruption (PACAC) chairman Prof Itse Sagay (SAN) Wednesday accused the judiciary of undermining the war against corruption.

    He said the judiciary has shown hostility towards efforts to rid the country of graft.

    “The judiciary is not on board in the anti-corruption fight,” Sagay said.

    It was his closing remarks at a conference on “Promoting International Cooperation in Combating Illicit Financial Flows and Enhancing Asset Recovery to Foster Sustainable Development” in Abuja.

    The three-day conference was organised by PACAC in collaboration with the ministries of Justice and Foreign Affairs.

    Eminent professor of International law and jurisprudence, Akin Oyebode, agreed with Sagay’s assessment.

    He said the judiciary has lost its glory and needs “redemption” from its “transgressions”.

    Sagay faulted the National Judicial Council (NJC) for recalling judges who were suspended over corruption allegations.

    He said one of the recalled judges, whose name he did not reveal, was notorious for making financial demands from lawyers and accepting gratifications.

    To him, such a judge should not be allowed to remain on the Bench.

    The PACAC chairman also criticised the recall of Justice Adeniyi Ademola of the Federal High Court in Abuja.

    The judge was arraigned on 18 counts of corruption charges, but an FCT High Court upheld his no-case submission and struck out the case.

    The prosecution appealed the verdict, while there is a pending charge against Justice Ademola at the Code of Conduct Tribunal.

    Sagay said: “NJC’s decision to recall them, especially Ademola, whose case is a life case, and others who have not been charged but are going to be charged, for me, is a sign of hostility to the fight against corruption.

    “We cannot afford the judicial hierarchy to engage in espirit de corps (a shared feeling of loyalty) with members of their group that have fallen in the corruption struggle.

    “They must join the executive whose mantra is total or near elimination of corruption for the sake of the survival of this country. Judges have a duty to join in this determination.

    “So, that sort of decision that was taken gives the impression that they are hostile to the struggle. That’s one reason I said they’re not on board,” he told newsmen on the sidelines of the conference.

    According to Sagay, corruption is so rife in the judiciary that some judges brazenly demand money from lawyers, and despite being aware of such judges, NJC tolerates them.

    “There so many judges now who demand money from lawyers or accept money from them. I know a judge who will come to you today and say: ‘My mother died, please send money to me’. Lawyers will send N200, 000 to him. The next day, he’d say: ‘My daughter is getting married’. Another day: ‘My uncle has been made a chief, we’re contributing.’

    “Nobody in the judicial hierarchy will deny that these judges exist. And one of them is among those going back now. He has collected money from hundreds of lawyers. And everybody knows this.

    “Should that person be on the Bench? He has desecrated the bench; he has brought it down; he’s a common beggar, who is ready to compromise his position if you give him money on the excuse of burying his father.

    “That man has millions of naira and dollars in his account already accumulated through this means. People like that are being asked to go back. That’s why I said the judiciary, for now, is not with us in the struggle against corruption, and they need to be with us if that struggle is not to crash and if this country is not to crash with it,” Sagay said.

    He said PACAC would continue to engage with the judiciary to make judges realise that the country’s future is bleak if they do not join the battle.

    “We interact with judges a lot, from the Chief Justice of Nigeria (CJN) to the magistrates. We’ve visited most of them, and we’ll keep on visiting and talking and persuading them to realise that it is in their own interest to be as fervent and determined and passionate about elimiminating the sourge of corruption, and that any of their brethren who is suspected to be guilty of corruption is a destroyer of all that the judiciary stands for. He’s an enemy of the judiciary.

    “The judiciary, in my view, is the highest of the three arms of government. When a judge descends from that level and comes into the mud to join in looting and accepting money from lawyers who have no name to protect, the judicial hierarchy, the clean ones should come down hard on such judges, harder than the poor man who is sentenced everyday for stealing a goat.

    “The judge who is guilty of corruption is almost guilty of a crime against humanity, because what he is doing is to undermine the whole integrity of the state.

    “It means that when we have a major issue that can affect the future of the country, we can’t go to him, because he’s dishonest, he lacks integrity and is fraudulent and will not decide the case according to the justice of it.

    “So it’s a very dangerous thing that is happening now and the judges must embrace the fight against corruption otherwise this country has no future,” Sagay said.

    The PACAC chairman said there was no pressure from the executive on the judiciary to convict those accused of corruption at all cost.

    However, he urged judges not to consider only the legal aspects of a case, but the justice side as well.

    Sagay said: “They should apply the law and justice. Law without justice is useless.

    “When a case comes before a judge, before he even hears the legal arguments, he looks at the facts and claims. He should be able to say in his mind: ‘Justice seems to be on this side’. There are some cases in which the legal arguments favour one side. But that side is the unjust side.

    “The English legal system and common law has educated us and given us a culture of being able to, as a judge, look at the case, use our own creativity to ensure justice is not lost because of legal arguments, and to use creative argument to ensure that justice prevails. That’s the way we were trained, but that is not happening.”

    For Prof Oyebode, the judiciary should redeem itself if it is to remain the common man’s last hope.

    “I think the judiciary now seeks redemption because of its transgressions. We just have to wish them well and hope that a greater day lies ahead for judges in contemporary times,” he said.

    According to him, appointment of “misfits” as judges contributed to the fall in standards.

    Oyebode said: “Prof Sagay, many years ago, wrote a book saluting the Supreme Court in terms of the judgment they handed down and the effervescence of the judiciary under the leadership of people like the late Kayode Eso, the late Chukwudifu Oputa and other distinguished jurists. They gave a testament to posterity.

    “But, since then a lot of water has passed under the bridge. There have been some misfits appointed to the judiciary – those who have abused or compromised their high judicial office.

    “The judiciary is the custodian of due process and rule of law, and if gold rusts, what should iron do? I am part of those who believe that a people get the judiciary that they deserve.

    “If Nigerians believe that the judiciary has a role to play in the scheme of things, then they must fight and defend the appointees, hoping that the appointees themselves would reflect the confidence that people reside in them.

    “There was a time we had great judges who never compromised their status, role or function. I can’t say that today for some of our judicial officers.

    “It’s not that there are no good men and women in courts. I’m glad to observe that none of my students in the Supreme Court and other courts had been found wanting. I’m not claiming credit for their acting according to their judicial office though.

    “In 1992, I gave a lecture at the Bar conference in Port Harcourt. The title was: ‘Is the judiciary still the last hope of the common man?’ The jury is still out on whether the judiciary can play their allotted role of being the last hope for the common man.”

     

  • Sagay kicks as Saraki, Dogara fault Buhari’s anti-graft battle

    Sagay kicks as Saraki, Dogara fault Buhari’s anti-graft battle

    From some unusual quarters came yesterday a biting criticism of the Federal Government’s anti-corruption war.

    Senate President Bukola Saraki said the focus of the war should be on prevention rather than punishment.

    House Speaker Yakubu Dogara said only strong institutions could ensure a successful anti-graft war.

    The National Assembly has been criticised for not doing enough, legally, to fight corruption. Many bills remain unpassed.

    Saraki said anti-corruption agents and agencies must be truly independent, stressing that the country was still far from meeting the basic standards of fighting corruption.

    But Presidential Advisory Committee Against Corruption (PACAC) chairman Prof Itse Sagay (SAN) accused the National Assembly of undermining the anti-corruption war.

    Saraki and Dogara spoke at the public presentation of a book: Antidotes for corruption – The Nigerian story, written by Senator Dino Melaye, in Abuja. Former First Lady Patience Jonathan was a special guest at the ceremony which was also attended by former Secretary to the Government of the Federation (SGF) Anyim Pius Anyim; Minister of the Federal Capital Territory Bello Mohammed; Minister of Labour Senator Chris Ngige, among others.

    One-time Speaker of the House of Representatives Ghali Umar Na’Abba was chairman.

    Saraki said: “I am convinced that we must return to that very basic medical axiom that prevention is better than cure.

    “Perhaps, the reason our fight against corruption has met with rather limited success is that we appeared to have favoured punishment over deterrence. The problem with that approach, however, is that the justice system in any democracy is primarily inclined to protect the fundamental rights of citizens. Therefore, it continues to presume every accused as innocent until proven guilty.

    “Most often, it is difficult to establish guilt beyond all reasonable doubts as required by our laws. It requires months, if not years of painstaking investigations. It requires highly experienced and technically-sound investigation and forensic officers. It requires anti-corruption agents and agencies that are truly independent and manifestly insulated from political interference and manipulation.

    We must admit that we are still far from meeting these standards. Most often, therefore, because our anti-corruption agencies are under pressure to justify their existence and show that they are working, they often tend to prefer the show over the substance.

    “However, while the show might provide momentary excitement or even public applause, it does not substitute for a painstaking investigation that can guarantee convictions.

    “I reiterate, therefore, that we must review our approaches in favour of building systems that make it a lot more difficult to carry out corrupt acts or to find a safe haven for corruption proceeds within our borders. In doing this, we must continue to strengthen accountability, significantly limit discretion in public spending, and promote greater openness.”

    Saraki admitted that the Buhari administration had brought corruption to the front burner.

    ”The people are demanding more openness, more accountability and more convictions. Those of us in government are also responding, joining the conversation and accepting that the basis of our legitimacy as the government is our manifest accountability to the people.

    “We acknowledge that if we want Nigerians to trust their government again, then government at all levels must demonstrate that we are not in office for the pursuit of private gains, but to make our people happier by helping them to meet their legitimate aspirations and achieve a higher quality of life.

    “What all these mean is that despite all that we have experienced over the years, Nigeria and Nigerians have not accepted corruption as normal; that we recognise it as a problem; that we are determined to make a break with our past and live by different rules.”

    The Senate President added that the National Assembly “changed from a one-line item to a 34-page document that shows details of how we plan to utilise the public funds that we appropriate to ourselves. This is a very significant step forward and we are very proud of it”.

    He also promised that the National Assembly would pass the anti-corruption bills before it.

    Saraki listed the Whistleblower Protection Bill, “which I am confident will be passed not later than July 2017”; The Proceeds of Crime Bill; The Special Anti-Corruption Court, “which would be done through constitutional amendment” and The Mutual Assistance in Criminal Matters Bill.

    He expressed regret that every time the country talked about corruption, “we tend to focus almost exclusively on high profile political corruption. While these tend to be of high impact and high drama, I suspect that they are not even as debilitating as what is often referred to as systemic corruption. Corruption by middle-level and junior level government officials, who pinch the system and demand gratifications to do their ordinarily routine duties.

    “From experience, this form of corruption ultimately turns out to be as grievous as the high-level corruption that readily comes to mind,” Saraki said.

    Dogara said: “As a country, we ran into a situation where corruption was becoming the norm, there was this moral cult that we had created that celebrated corruption.

    “The motivation was always there for corruption, but now what is important is not just fighting the old corrupt system. Really, if we must make progress, our focus should be to replace the old order that was corrupt with a new order that makes corruption near impossible to take place.

    “Corruption, for those who are farmers, is like a tree that grows vigorously. If you end up pruning the trees and not attacking the roots, there is no way you will deal with that thing.

    “So, when those who celebrate the successes of the fight against corruption in terms of the high profile investigation, high profile prosecution and even detention, they are missing the point because that is dealing with the symptoms of corruption.

    “That is punishing corruption. But how are we developing remedies that we can apply to ensure that the tree dies?”

    The speaker gave a likely scenario of future consequences with a recent experience, saying: “Recently, in the labour community, we went for May Day and some of us were nearly held hostage.

    “You can’t blame the workers. While they were agitating for their rights, agitating for minimum wage, some of us are talking about living wage.”

     

  • CJN’s appointment: SAN commends Buhari’s cautious approach

    CJN’s appointment: SAN commends Buhari’s cautious approach

    …Says delay in Onnoghen’s confirmation could result in chaos

     

    A Senior Advocate of Nigeria (SAN), Sebastine Hon has commended President Muhammadu Buhari’s cautious approach to the appointment of a substantive Chief Justice of Nigeria (CJN).

    Hon commended the position taken on the issue by the acting CJN, Justice Walter Onnoghen and the Chairman, Presidential Advisory Committee Against Corruption (PLACAC), Prof Itse Sagay (SAN).

    Justice Onnoghen had, in a statement on Thursday, appealed to those criticising President Buhari over his perceived delay in appointing him (Onnoghne) in substantive capacity to allow the President the free hand to operate.

    Sagay has also aired similar view in his recent comments on the issue of the appointment of a substantive CJN.

    In a statement Friday, Hon assured President Buhari that Onnoghen’s appointment in substantive capacity was the best way the President could secure the buy-in of the Judiciary and ensure the success of his various reform initiatives and anti-corruption fight.

    Part of the statement reads: “I am personally delighted and I also commend the Acting Chief Justice of Nigeria, Justice Walter Onnoghen, for his timely reaction to the delay in the President forwarding his name to the Senate for confirmation as the substantive Chief Justice of Nigeria.

    “Honourable Justice Onnoghen has, from that reaction, proved he is worthy of occupying that high seat. By shrugging off the apparent pressure on him to utter those words, Justice Onnoghen has shown that he is a nationalistic personality and is also ready and willing to shoulder the responsibility of assuming the headship of the nation’s third arm of government.

    “I hereby encourage, if not plead, with Mr. President to forward Justice Onnoghen’s name to the Senate for confirmation. Whatever reforms the President intends for the Judiciary will not be hindered but will be enhanced if our dear President does this.

    “The reason is plain enough: it is when and only when the Judiciary willingly keys into those reforms that the said reforms will see the light of the day. I am dead serious on this!
    Finally, I also commend the reaction of respected Presidential aide, Prof. Itse Sagay, SAN to the issue.

    “The learned Professor’s views reflect a most genuine inner mind of a critical stakeholder to clean the Augean Stable of the Judiciary. Prof. Sagay has a very rich resume as a no-nonesense anti-corruption crusader; hence his views on such issues should never be treated lightly.

    “However, I also, with humility, ask that he should again look at the watertight procedure spelt out in the Constitution for the appointment and removal from office of judicial officers. Such appointment and removal must involve the National Judicial Council (NJC); and it is only the cooperation rather than the coercion of the NJC that will achieve the desired result.

    “Mr. President’s anti-graft war is on course, but he needs the two other arms of government, especially the Judiciary, to achieve this. Also, far-reaching reforms like the anti-corruption war are best achieved over time and not necessarily instantaneously.

    “Mr. President should please send Justice Onnoghen’s name for confirmation as the CJN, to save an avoidable constitutional crisis in the Judiciary,” Hon said.