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Tag: Sagay

  • Abiola’s, Gani’s posthumous awards in order, say Sagay, Oyebode, Falana

    Senior lawyers yesterday disagreed with a former Chief Justice of Nigeria (CJN), Alfa Belgore, that President Muhammadu Buhari broke the law by awarding Nigeria’s highest national honour to the late Chief Moshood Abiola and Chief Gani Fawehinmi (SAN).

    Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), Professor of International Law at the University of Lagos, Prof. Akin Oyebode, rights activist Femi Falana and a former National Secretary of Labour Party, Kayode Ajulo, said the awards were in order.

    President Buhari on Wednesday evening named Abiola, winner of 1993 presidential election that was annulled by former dictator Ibrahim Babangida, a holder of the Grand Commander of the Federal Republic (GCFR), 20 years after his death in 1998.

    Gani Fawehinmi, a rights advocate and icon of the June 12 struggle, who died in 2009 aged 71, was also posthumously conferred with the Grand Commander of Nigeria (GCON), while Democracy Day would be celebrated on June 12, rather than May 29, to further honour Abiola’s  memory.

    But Justice Belgore, CJN from 2006 to 2007, told online newspaper Premium Times that the national honours could not be awarded posthumously.

    According to him, under the 1964 National Honours Act, only soldiers or other servicemen could be awarded posthumous medals for their bravery.

    Section 3 of the law states the requirements for awarding national honours to a Nigerian as follows:

    “The President shall by notice in the Federal Gazette signify his intention of appointing a person to a particular rank of an Order.

    “Subject to the next following paragraph of this article, a person shall be appointed to a particular rank of an Order when he receives from the President in person, at an investiture held for the purpose- the insignia appropriate for that rank; and an instrument under the hand of the President and the public seal of the Federation declaring him to be appointed to that rank.

    “If in the case of any person it appears to the President expedient to dispense with the requirements of paragraph (2) of this article, he may direct that that person shall be appointed to the rank in question in such a manner as may be specified in the direction.”

    But Sagay noted although he had not read the particular provision relied on by the ex CJN, he urged Nigerians to “look at the big picture.”

    He said: “Was there injustice done on June 12? Yes, to both Nigerians and to Abiola, a very great injustice which almost destroyed this country. Is it therefore good that this injustice should be removed and justice done? The answer is yes. Has what Buhari done, not restored justice to the situation and poured balm into the hearts of those who were hurt? The answer is yes.

    “So, why should we be looking for legal arguments to overturn justice that has been done? These are some of the things that I cannot understand about Nigerians.”

    He implored critics to stop pouring “cold water on the happiness of the people on positive things that elevate this country. They want to pour cold water on it with very technical, narrow-minded and, I may even say evil arguments.

    “Some people are even saying the awards were conferred with a political motive. Again, I ask, what is achieved by the conferment of the awards, is it a positive or negative thing? Is the act something to be happy about? Is it something that resolves a major problem and brings relief to the country? The answer is yes.

    “So, what does it matter, even if there’s a political motive?

    According to Sagay, the awards were “the right thing to do, it’s a big solution to a long-standing problem that has been festering. It brings relief and joy to the country. I think Buhari needs to be congratulated heartily and I so congratulate him.”

    Oyebode observed that the conferment on the awards on Abiola and Gani were special cases. He cautioned Nigerians against trying to thwart that honour through legalism.

    Oyebode said: “We should be clear that the awards are honorific in nature and should not be hamstrung by legal gymnastics. Agreed, awards are usually for the living but that Abiola case is a special one which should not be vitiated by crass legalism, more so as the enabling Act grants the President as the awarding authority a wide discretion on the matter.”

    Falana, relying on the Act and Public Holidays Act, submitted that there was nothing illegal in what the President did.

    Falana said: “With profound respect to the Honourable Justice Alfa Belgore, the National Honours Act has not prohibited or restricted the powers of the President to confer national honours on deserving Nigerian citizens, dead or alive.

    “No doubt, paragraph 2 of the Honours Warrant made pursuant to the National Honours Act provides that ‘a person shall be appointed to a particular rank of an Order when he receives from the President in person, at an investiture held for the purpose…’

    “But paragraph 3 thereof has given the President the unqualified discretion “to dispense with the requirement of paragraph 2 in such manner as may be specified in the direction.

    “Therefore, since the national awards conferred on Chief Abiola and Chief Fawehinmi cannot be received by them in person the President may permit their family members to receive same on their behalf.

    “Furthermore, Section 2 (1) of the Public Holidays Act stipulates that in addition to the holidays mentioned in the Schedule to the Act, the President may appoint a special day to be kept as a public holiday either throughout Nigeria or in any part thereof.”

    According to him, “It is crystal clear that the President is not required by law to seek and obtain the approval of the National Assembly before declaring a public holiday in the country.”

    Falana argued that in view of the combined effect of the National Honours Act and the Public Holidays Act “the legal validity of the well deserved awards and the historic holiday has not been impugned in any manner whatsoever.”

    Ajulo argued that “since S.3(3) of the Honours Warrant states that the procedure under S.3(2) may be dispensed only by the president where it becomes expedient, thus honouring MKO Abiola posthumous is dispensing with him having to collect his award in person under S.3(2) because its expedient for the president  to do so under S.3(3) by reason of his death.

    “In respect of this, it could be said that the act of the President to award the late MKO Abiola and late Chief Gani Fawehinmi is a laudable feat set to celebrate their struggles for the nation. And just like the National Anthem rightly puts; that the ‘labours of our heros past shall never be in vain.’ This the President has achieved.”

  • NLC, SERAP, Sagay, others call for probe

    Former President Olusegun Obasnjo came under fire yesterday following President Muhammadu Buhari’s remark that $16 billion was wasted on power projects, without result, during his administration.

    Although Obasanjo said the National Assembly had already cleared him of any wrong doing and thatb he was ready for probe on the spendings, a cross section of eminanet Nigerians who spoke to our correspondents said the issue should not be swept under the carpet.

    Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) said former President Obasanjo ran one of the most corrupt administrations in Nigeria’s history.

    He said Obasanjo acts like a saint when he is the “most stained” person around.

    Asked if Obasanjo should be probed over the $16billion allegedly spent on power without result, Sagay said: “, I think he should be probed. You see, President Buhari has been very generous and mild towards his predecessors, not wanting to cause discomfort and embarrassment for them out of respect for the positions they held.

    “But, Obasanjo is a man who does not respect himself, who thinks he is the President-General of Nigeria for life and has a right at any time to wade in and be very caustic and publicly insulting to his successors, just because he’s envious of the same position he held. He cannot detach himself from the Presidency.

    “I think he needs to be brought to order. He has been tolerated enough in this country. The President’s remark was very appropriate and more and more should come because Obasanjo ran one of the most corrupt governments this country has ever seen.”

    Asked if the Federal Government can prosecute Obasanjo, Sagay said: “It is possible but not likely. It is possible in the sense that there are issues like Siemens, Halliburton, funding for his library, and not to talk of this electricity thing.

    “But, because people decide to be quiet and let bygones be bygones, he won’t allow peace to prevail; he must raise dust and behave like a saint when you’re the most stained person around. He may bring it on his own head if he is not careful.”

    Another Senior Advocate of Nigeria, Chief Emeka Ngige, urged the anti-graft agencies to do their work- no matter who is involved.

    He said:”I believe there was a report of the House of Representatives Committee on Power that indicted President Obasanjo in 2008 for various infractions on power sector contracts during his regime . The committee recommended that EFCC or ICPC should do further investigation and possibly prosecute him, if found culpable. That report was kept in a deep freezer till date.”

    Obasanjo says the report and that of the EFCC exonerated him.

    “So, the remark by President Buhari is not new. I still believe that the EFCC or ICPC should do the job as recommended by the House. The earlier we started jailing our present and past leaders who made Nigeria a fantastically-corrupt nation the better for our democracy,” Ngige said.

    A former Nigerian Bar Association (NBA) President and leader of the National Intervention Movement (NIM), Olisa Agbakoba (SAN), called for strong measures against all those found culpable over the $16billon spending.

    He, however, said he does not see the present leadership as being capable of taking a tough action on the matter.

    “Unfortunately, our leaders always trade words and nothing gets done. A new government should get down to real business in 2019 and take a strong action against all who are culpable; enough of panels but very tough action. We in NIM will do it. Extremely strong measures,” he said.

    Malam Yusuf Ali (SAN) is doubtful if anything would come out of any probe.

    His words: “Given the history of probes in our country, it usually leads to nothing and the country ends up spending more good money to look for hay in the sack. If there are issues that are worthy of investigation on the matter, let us get world renowned auditors to do forensic audit since money was involved. The Elumelu House of Representatives probe on power – what came out of it?

    “Nigerians are tired of this blame game! People got elected to fix the country. Please let them fix Nigeria so that we stop the brain drain. We will have functional hospitals so that public officials stop wasting our money on external treatment of simple ailments. Name calling won’t change our situation.”

    Constitutional lawyer Ike Ofuokwu urged Buhari to face his job and stop playing politics, adding that he should be courageous enough to charge Obasanjo if there is evidence against him.

    He said: “The comment of President Buhari is simply a political statement geared towards 2019 election. This is a government that claims that it’s fighting corruption, so if it has thoroughly done its findings and is satisfied that former President Obasanjo has dipped his hands into the national treasury, the only reasonable thing expected of her is to be courageous enough to put the process of prosecution in place and arraign the former president in a court of competent jurisdiction.

    “Otherwise, Nigerians are simply tired of media trial and propaganda that brings no conviction. Sometimes, I begin to think that the Buhari government is barren of progressive ideas. Nigerians are aware of the many profligacies of the past, hence voted him to power. He’s almost run out of his four years mandate and instead of moving the nation forward, he continues to put the nation in reverse motion.”

    A Senior Advocate of Nigeria, Mr Ahmed Raji, urged Nigerians not to sensationalise the issue.

    “Both Baba Obasanjo and President Buhari have exclusive rare grace of presiding over the affairs of Nigeria in uniform and as civilians. And the history of Nigeria can never be complete without a substantial mention of their names, especially the great Ebora Owu.

    “When President Obasanjo wrote the recent open letter to President Buhari, it was reported that the President reluctantly allowed his Information minister to react by only listing their achievements.

    “President Buhari has tremendous respect for Baba Obasanjo on account of seniority in age and military service, hence he made it clear that his Information minister should not join words with President Obasanjo. I advise all to draw a lesson from that episode and not get involved,” Raji said.

    NLC calls for probe as SERAP asks Buhari to refer ex-presidents to EFCC, ICPC

    The Nigeria Labour Congress (NLC) said President Buhari’s comment on the “wasted” $16billion on power should be looked into.

    The Socio-Economic Rights and Accountability Project (SERAP) said thePresident should refer two of his predecessors to the anti-graft agencies for their role in the waste of public fund.

    NLC Secretary General Peter Oso-Eson said if there is evidence on the allegation, nothing shuld stop its investigation.

    He said anybody that is found guilty should be prosecuted, adding that there is need for transparency in the anti-corruption drive of the Federal Government.

    “If there is any evidence on this allegation, then those found guilty should be prosecuted because there is nobody above the law

    “This should be a sign that the government is serious about its anti-corruption campaign,” Oso-Ezon said.

    General Secretary National Union of Textiles, Garment and Tailoring Workers of Nigeria (NUTGTWN) Issa Aremu said the former President is expected to account for the seed money. He said it is very wrong for the former president to say we should go and read his book.

    He said if such money is spent on power as alleged by the President, then the question is, why are we still in darkness? Where is the power?

    “Obasanjo should not be saying they should go and read his book. It is wrong for a statesman to make such pronouncement.

    “The former President is expected not to make a self defence, but he should defend or tell us the reason why the country is still in darkness. As I said, Obasanjo should not be saying, they should go and read his book. It is unlike a statesman. Having spent such amount on power and nothing to show for it, I think the former President needs to tell Nigerians what happened,” Aremu said.

    SERAP called for further probe of the alleged mismanagement of 16 billion dollars power projects between 1999 and 2007.

    In a statement by its Executive Director Adetokunbo Mumuni, the organisation urged President Buhari to urgently refer the case to the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for further investigation.

    It said the alleged squandering of over N11 trillion meant to provide regular electricity supply covering the governments of former Presidents Olusegun Obasanjo, Umaru Musa Yar’Adua and Goodluck Jonathan, should also be investigated.

    It called for the prosecution of anyone involved in the matter “if there is relevant and sufficient admissible evidence’’ at the end of the probe.

    SERAP said it welcomed Buhari’s focus on the allegations of corruption and mismanagement in the power sector, and urged him to expand his searchlight beyond the Obasanjo government.

    “It is only by pursuing all the allegations and taking the evidence before the court that the truth will be revealed and justice best served.

    “This is the only way to conclusively address the systemic corruption in the power sector and an entrenched culture of impunity of perpetrators.

    “Addressing impunity in the power sector should be total. This would help improve the integrity of government and public confidence and trust in their government.

    “It would also serve as a vehicle to further the public’s perception of fairness and thoroughness, and to avert any appearance of political considerations in the whole exercise.’’

    The organisation noted that it would be in the public interest in line with constitutional provisions for the Buhari administration to immediately pursue justice and recovery of any stolen asset in the power sector.

  • Obasanjo’s administration one of Nigeria’s most corrupt – Sagay

    The Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), said on Wednesday that former President Olusegun Obasanjo’s administration was one of the most corrupt regimes in Nigeria’s history.

    He said Obasanjo acts like a saint when he is the “most stained” person around.

    Asked if the ex-President should be probed over the $16billion he allegedly spent on the power sector without result, Sagay said: “Honestly I think he should be probed. You see, President Buhari has been very generous and mild towards his predecessors, not wanting to cause discomfort and embarrassment for them out of respect for the positions they held.

    “But, Obasanjo is a man who does not respect himself, who thinks he’s the President-General of Nigeria for life and has a right at any time to wade in and be very caustic and publicly insult his successors just because he’s envious of the same position he held. He cannot detach himself from the presidency.

    “I think he needs to be brought to order. He has been tolerated enough in this country. The President’s remark was very appropriate and more and more should come because Obasanjo ran one of the most corruption governments this country has ever seen.”

    On if the Federal Government can prosecute Obasanjo, the PACAC chairman added: “It’s possible but not likely. It’s possible in the sense that there are issues like Siemens, Halliburton, funding for his library, and not to talk of this electricity thing.

    “But, because people decide to be quite and let bygones be bygones. He won’t let peace to prevail, he must raise dust and behave like a saint when you’re the most stained person around. He may bring it on his own head if he’s not careful.”

    Another Senior Advocate of Nigeria, Chief Emeka Ngige, urged the anti-graft agencies to do their work no matter who is involved.

    “I believe there was a report of the House of Representatives Committee on Power that indicted President Obasanjo in 2008 for various infractions on power sector contracts during his regime. The committee recommended that EFCC or ICPC should do further investigation and possibly prosecute him if found culpable. That report was kept in a deep freezer till date.

    “So, the remark of President Buhari is not new. I still believe that the EFCC or ICPC should do its job as recommended by the House. The earlier we start jailing our present and past leaders who made Nigeria a fantastically corrupt nation the better for our democracy,” Ngige said.

    A former president of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN), called for strong measure against all those found culpable over the $16billon spending.

     

  • Sagay: I never called for APC congress cancellation

    Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) yesterday denied calling for the cancellation of All Progress Congress (APC) ward congress in Imo State held on May 5.

    A national newspaper (not The Nation) quoted Sagay in a May 19 report as saying that the cancellation became necessary due to the unreliability of the congress outcome as well as the crisis that greeted the exercise.

    Sagay was quoted as saying: “The election has to be repeated. They should cancel it and repeat it; what was done is not reliable in view of what has happened.”

    But, in a statement yesterday, Sagay said he never spoke to any reporter on the issue, describing the report as “fake”.

    He said: “The above interview is fake. It never happened. I have always willingly responded to requests for my views, on virtually any subject matter issue by members of the press.

    “Therefore, there is absolutely no excuse for a reporter to cook up a story and ascribe it to me as my views during an interview.

    “My so-called ‘call for the cancellation of APC ward congress’ was fake, fraudulent and dishonest. No reporter contacted me on the matter and I could not have responded to a non-existent interview.”

  • I didn’t call for APC congress cancellation – Sagay

    The Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), on Monday denied calling for the cancellation of All Progress Congress (APC) Ward Congress held on May 5 in Imo State.

    A national newspaper quoted Sagay as saying in a May 19 report that the cancellation became necessary due to the unreliability of the Congress outcome and the crisis that greeted the exercise.

    “The election has to be repeated. They should cancel it and repeat it; what was done is not reliable in view of what has happened,” the PACAC chief was quoted as saying in the report.

    But, in a statement, Sagay said he never spoke to any reporter on the issue, describing the report as “fake.”

    He said: “The above interview is fake. It never happened. I have always willingly responded to requests for my views, on virtually any subject matter issue by members of the press.

    “Therefore, there is absolutely no excuse for a reporter to cook up a story and ascribe it to me as my views during an interview.

    “My so-called ‘call for the cancellation of APC ward Congress’ was fake, fraudulent and dishonest. No reporter contacted me on the matter and I could not have responded to a non-existent interview.

    “This sort of forgery ultimately sours the good relationship between the press and those interviewed. I am, therefore, not surprised that no reporter’s name was credited for the false interview.”

     

  • I can’t wait for Nigeria’s ‘worst Senate’ to go – Sagay

    The Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), said on Thursday he could not wait for the current Senate, which he described as the worst since 1999, to go next year.

    He faulted the lawmakers’ insistence on the Inspector-General of Police, Ibrahim Idris, personal appearance before them.

    According to Sagay, such move smacks of personal vendetta against the IGP.

    The PACAC chief said he was not a fan of the current Senate, which he accused of abdicating its responsibilities by its refusal to pass the 2018 budget almost halfway into the year.

    He said the Senate lacks the moral justification to declare the IGP as unfit and incompetent to hold public office.

    He said: “You know I have never been impressed by this Senate. It’s probably the worst we have ever had since the return to civilian rule. They are more concerned about exercising vain authority and power than in actually doing anything substantive for the country.

    “These are people – the whole Senate – who would adjourn sitting and go to the Code of Conduct Tribunal in solidarity with their President. For everyday they go, the work of legislation is suspended. And they owe a duty to this country to make the laws for the order, peace and good government of Nigeria.

    “Each time they abandon their legislative duties, they’re in fact committing a breach of their obligation, apart from the fact that doing that sort of thing is infantile.

    “As if that was not enough, the whole Senate packed themselves again to visit Dino Melaye in the hospital. How rational is that? Why can’t they send a delegation of two or three people who would report back? So, it’s like a showoff of power and intimidation. I don’t think it’s really worthy of them to behave like that.”

    Asked if the IGP should not have responded to the Senate’s invitations, Sagay said: “What I can deduce from the police response is that the IGP has been honouring the Senate’s invitations. You know the frequency and flippancy with which this Senate invites people. They can invite you today and next week they invite you again. And these (those invited) are very busy people.

    “They (Senate) don’t care. They just want their vanity to be assuaged, for people to know they have power and are big and that someone is disobeying their authority.

    “The IGP sent a very highly-placed representative. If the Senate really wanted information, why didn’t they get it from IGP’s deputy rather than insisting that the IGP himself must come? It suggests they’re turning the whole thing into some form of personal vendetta.

    “As I said, I’m not impressed with this Senate because as we are speaking now, we are going to half of this year and they have refused to pass the budget.

    “Is that a Senate that should be calling anybody unfit for anything? Are they doing their job? Budget passing is the most important job of the legislature. They have not done it six months into the year.

    “They were angry with the executive for not sacking Ibrahim Magu. How did they respond? They refused to confirm any nominee, regardless of how urgent and important the assignment is for this nation. Honestly we are just praying for 2019 to come so this Senate can go.”

     

     

  • Not all whistleblowers will get 5% reward – Sagay

    The Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), said on Friday that not all whistleblowers would get five per cent of the recovered sum.

    According to him, the reward could be as low as one per cent of what is recovered depending on the amount.

    The Minister of Finance, Kemi Adeosun, said the Federal Government has received 1,231 tips from whistleblowers since the policy was introduced in 2016.

    She said 791 investigations were commenced, 534 had been concluded, with N7.8billion, $378million and 27,800 pounds recovered so far.

    Sagay and Adeosun spoke in Abuja at an “Evaluation workshop on the whistleblower policy and the role of the inter-agency asset tracing team,” organised by PACAC.

    Adeosun was represented by Head, Presidential Initiative on Continuous Audit (PICA) and Whistleblower Unit of the Ministry of Finance, Dr. Mohammed Dikwa.

    Sagay said Nigerians should be made aware that not every whistle blower would get five per cent of what is recovered.

    “One controversial issue in the policy is the question of remuneration. The public seems to be fixated on five per cent. But in fact, five per cent is the maximum.

    “It can be as little as one per cent, depending on the amount of money involved. It could be slightly more if it is an extremely large amount,” he said.

    The eminent professor of law described the whistleblower policy as “very successful,” adding that it was not limited to looted funds.

    “Things like breach of procurement practice, which is closely associated with corruption and unapproved expenditure by agencies, are all subject of whistleblowing,” Sagay said.

    Adeosun said the Whistle blower Team in her ministry went on a study tour of the United Kingdom and met with relevant agencies to learn best practices.

    “Following lessons learnt from the study tour, we will begin to focus more on preventive measures, putting in place tight control measures, making it more difficult for a few people to take away assets that belong to an entire country.

    “In addition to this, the investigation framework of the whistleblower policy will be reviewed.

    “We will continue to work with all stakeholders to improve the effectiveness of the policy and put in place required institutions and tools to achieve our objective,” she said.

    PACAC Executive Secretary, Prof. Bolaji Owasanoye, said not all acts of whistleblowing attract reward.

    For instance, he said a situation where a planned fund diversion is stopped, there would be no financial reward for the person who gave the tip-off.

    He, however, urged Nigerians to view whistleblowing as a civil duty and a constitutional responsibility.

    “There is a duty to report, even without the five per cent reward,” he said.

  • Buhari’s revelation explains herdsmen puzzle, says Sagay

    Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) yesterday said President Muhammadu Buhari’s revelation on herdsmen has resolved the puzzle as to why the attacks are so deadly.

    He said it would take only well-trained gunmen to successfully kill soldiers and policemen without being caught.

    To him, a typical herdsman lacks such capacity.

    Sagay said the Gadaffi connection shows that the herdsmen issue was more complication than imagined.

    He said: “President Buhari’s revelation explains my puzzle. I’ve always wondered how these herdsmen who I thought were local, illiterate people were able to wreak so much havoc, successfully attacking communities, killing soldiers and policemen and they themselves are hardly killed.

    “It made me very puzzled, so this may explain why. Apparently they are very well armed and have dexterity in the handling of arms.

    “So, it means we have a much bigger problem on our hands than I had thought.”

    On how the problem could be solved, Sagay urged the Federal Government to adopt the same methods used in decimating Boko Haram insurgents at its peak.

    “I think we should do what we did when Boko Haram insurgency was at its height. We should send well trained troops, armed with good firepower which will be superior to theirs and defeat them. That’s what we should do,” he said.

     

     

    Asked if Nigeria might require international help, Sagay said: “We should make it a matter of emergency and send our well-armed troops, with a powerful order that they should wipe out those people.

    “If we cannot cope, then we can call for international assistance. We may not need international assistance yet unless our capacity is too low to cope with them.”

     

  • Sagay, Osipitan, others advocate jury trial system

    Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) has called for the re-introduction of the jury trial system to fight corruption.

    Sagay’s view were shared by Prof Taiwo Osipitan (SAN); Chairman, House of Representatives Committee on Justice, Mr Razak Atunwa; and Economic and Financial Crimes Commission (EFCC), Acting Chairman, Ibrahim Magu.

    They spoke  at a symposium on ‘Salvaging Nigeria’s Criminal Justice System: The Jury Option.’

    It was organised by the Nigerian Bar Association (NBA), Ikeja Branch Human Rights Committee in collaboration with The Jury Justice and Rectitude Advocacy Initiative.

    Sagay said that justice, particularly in corruption cases, cannot be successfully disposed of unless ordinary laymen and women are legally empanelled to decide the guilt or innocence of persons charged with crimes of bribery and corruption.

    Sagay, in his opening remarks as chairman, said he came to this conviction after coming out of the shock that enveloped him following judgment of the courts on corruption charges against some Judges.

    “ After my recovery from the shock, it dawned on me that legal knowledge could make judges prone to legal technicalities, creating a barrier between technical law and justice”.

    He noted that the usual excuses for huge deposits in judges’ accounts are “marriage of judges’ daughters, death of judges’ relations like father, mother, aunt, uncle” among others.

    Sagay said he supported the abolition of the jury system in 1976 by the military because he believed that laymen could easily be influenced or subjected to other people’s interest and instructions and that a judge, more likely would uphold the integrity of the judicial system among other reasons.

    He lamented that in recent years, a lot of evidence has established that some judges cannot be relied upon to uphold the integrity of the judicial system.

    To buttress his positions, he cited the judgment in case of a judicial officer charged with corruption.

    He said judgment in the matter showed that there is es spirit de corps among the judges.

    Prof Osipitan, after a detailed explanation of the jury trial system and how it operates in some countries around the world , suggested that it should first be introduced in relation to capital offences in selected economically viable states.

    Osipitan who delievered the keynote paper at the occasion, also suggested the introduction of special Bar and special Bench for the system to work in the country.

    He, however, observed that the jury trial system can only be effective in  country with a mostly efficient and up to date data of its citizens.

    “Foremost, Nigeria must first update its database system. The National Identity Card database and INEC database might be very helpful if the decision is to introduce jury trial in criminal cases”, he said.

    Magu, who was represented by Seidu Atteh, said the commission would accept any trial system that would assist it in fighting corruption cases successfully.

    Earlier in her welcome address, the chairperson of the NBA Ikeja Human Rights Committee, Mrs Carol Ibharuneafe, said symposium’s theme was  necessitated by the fact that society has not been aware of the inadequacy  of the criminal justice system.

    Ibharuneafe pointed out that with high profile cases amongst public officers, the lapses in the law have been exposed and necessitated a “review to make it work for our society.”

    Although there have been suggestions from various stakeholders, she said  the facts remain that whether special or more courts, they will still be presided by only one person, the judge.

    “Given the high propensity of some of our judicial officers to be compromised, those suggestion may achieve little or nothing, hence the jury option”, she said.

  • Okupe is an expired politician, says Sagay

    PRESIDENTIAL Advisory Committee Against Corruption (PACAC) Chairman Prof. Itse Sagay (SAN) said yesterday he had no time for the likes of former presidential spokesman Dr. Doyin Okupe, who he described as an “expired politician”.

    Okupe had urged Sagay to include the salaries and allowances of President Muhammadu Buhari and Vice President Yemi Osinbajo, whenever he carries out his threat to reveal what the National Assembly’s leadership and members earned as allowances.

    The former presidential spokesman challenged the PACAC chair to unveil the details within 24 hours, saying any further delay in carrying out the threat would adversely affect Sagay’s credibility.

    But, Sagay told The Nation that Okupe, who he accused of being anti-masses and always siding with the oppressors, had no right to make such a demand of him.

    “I don’t really have much time for Okupe. He’s an expired politician. He has always being on the wrong side, against the ordinary persons. So, I can understand why he would react that way when powerful and privileged people are being challenged.

    “So, he should just sort himself out; he has a lot of problems. He has no locus standi to make that demand of me.”

    Sagay clarified that he never claimed to have the exact details of how much senators and their leaders collect as allowances.

    According to him, what he said was that the N13million, which Senator Shehu Sani revealed was senators’ monthly running cost was only a tip of the iceberg, and that he was working on getting the exact figures of other huge allowances they allocate to themselves, which he would eventually make public.

    “I didn’t say I had the information. I said I was working on it. I have to make enquiries and verify the information I get. So, I’m working on it. Once I get the information, I’ll take the next step,” he said.

    On how far he has gone with his research, he said: “Nothing is certain now. What I have are just raw facts, which I haven’t verified.”

    On Okupe’s demand that he should also disclose what the President and Vice President earn, Sagay said their salaries and allowances could not be compared to the senators’ jumbo salaries and allowances.

    Besides, Sagay said unlike the senators’ salaries and allowances, which had always been shrouded in secrecy, what the President and Vice President earn were in the public domain.

    His words: “We already know that the President earns about N1.7 million; that’s all. If they have any evidence that he collects money for other things, let them expose it.  The Vice President earns a little less than the President.

    “If everybody in the country was like the President and Vice President, Nigeria would have been a developed country by now. They are not pauperising us as others are doing, especially the National Assembly.”

    Sagay said he had no problem making public what he earns as PACAC chairman.

    Three international development partners – the Ford Foundation, MacArthur Foundation and Open Society Foundation established an Anti-Corruption and Criminal Justice Reform Fund to support PACAC’s work.

    The $5 million fund was set aside to assist in the implementation of key components of the government’s anti-corruption agenda, including PACAC’s activities. The fund is managed by Trust Africa.