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Tag: Sagay

  • NLC criticises Sagay over comment on minimum wage

    •Unions for rally over Paris Club’s tranche

    THE Nigeria Labour Congress (NLC) said yesterday that Chairman of the Presidential Committee on Anti-corruption Prof. Itse Sagay was ignorant on the issue of minimum wage and  the International Labour Organisation (ILO) Convention, which stipulates that every country must have a benchmark for workers’ salaries.

    Speaking at the 2017 NLC Rain School in Uyo, Akwa Ibom State, its President, Ayuba Wabba, said the comment by Sagay that the minimum wage should be moved to the Concurrent List was a clear indication that he was unaware of what the issues on minimum wage are about.

    “Prof. Sagay has no clear understanding of what is minimum wage. Minimum wage is a core convention of the ILO – that means every country must be able to set a minimum benchmark, which no employer of labour can pay below,” he said.

    Wabba said the congress was prepared to force state governors to make public the recently released second tranche of the Paris Club refund by the Federal Government through mass action.

    He said both the NLC and the Trade Union Congress (TUC) would hold their separate National Executive Council (NEC) meeting within the next week to deliberate on the burning issue of interest to the workers.

    He added that despite promises made by state governors to use 50 per cent of Paris Club refunds to settle salaries, pension and gratuity, the reverse has been the case.

    Wabba said workers have decided to demand accountability and transparency on the disbursement of the funds to ensure they are not shortchanged by the governors.

    “Some of the governors are actually committed to this, but majority have diverted the funds. You are aware that some governors have used it to buy hotels, some have used it to pay consultants and therefore the impact has not been felt.

    “We will demand for accountability at all times. We can’t be talking about addressing corruption when those issues have not been made transparently . So, that is the aspect we are canvassing for. Let every state governor declared how he has use the money and whether or not they have kept to their word of using not less than 50 per cent to address the issue of pension, gratuity and everything, this will be our demand.”

     

  • Oshiomhole, Ezeife, Sagay disagree on restructuring

    Oshiomhole, Ezeife, Sagay disagree on restructuring

    Former Governor of Edo State, Comrade Adams Oshiomhole; Chairman, Presidential Advisory Committee against Corruption, Professor Itse Sagay; and a former Governor of Anambra State, Chief Chukwuemeka Ezeife, yesterday disagreed on whether restructuring will lead to the development of Nigeria.

    They spoke in Benin City at the 20th Professor Wole Soyinka Annual Lecture Series organized by the National Association of Seadogs.

    Former Governor Oshiomhole, who delivered the keynote address, said those canvassing for restructuring were diverting Nigerians’ attention from the real issues of governance and leadership.

    Oshiomhole, who noted that it was not the right time to discuss on whether Nigeria should remain as one, said what was viable was to do things differently as a nation to make the country great and Nigerians benefit from its huge resources.

    He stated that many of the nation’s leaders, advocating restructuring, were the same persons that pushed for the creation of states since the days of the military.

    He said those pushing for the implementation of the National Confab report were doing so because part of its recommendations was that 18 additional states should be created.

    Oshiomhole, who insisted that President Muhammadu Buhari is fighting corruption the right way, said what should engage the attention of Nigerians should be how to make the Nigeria project a reality.

    His words: “There is no one part that is doing the rest of the country a favour more than the other parts.

    “These same people were there at the beginning. Some of the people talking now were those that said the regions were not balanced and states should be created to bring government closer to the people.

    “They said the centre was too weak. Today, they turn around to say the states are not viable and the centre is too powerful. We should be talking about how to apply our natural wealth to benefit Nigerians.

    “What we need to restructure are our values, the attitude to governance and the issue of corruption. There are structural problems because there are two main tribes in Nigeria, the tribe of the very rich and the tribe of the very poor.

    “We should be talking about how to apply our national wealth in a way it will bring about equality in wealth distribution. We need to restructure our attitude, character and value system in a way it gives opportunity to all Nigerians.”

    On his part, Sagay called for the scrapping of the federation account to make states viable.

    He stated that restructuring the country “means the return to true federalism and autonomy of the federating units”.

    Sagay said it was an insult to federalism for states to be paid allocations as currently being experienced in Nigeria.

    Sagay insisted that Nigeria would never develop, if it remained as a civil servant waiting for monthly salaries.

    He stated the only way out was to have a national conference on ways to have devolution of power.

    Sagay lambasted the organized labour, federal lawmakers and the northern elites for opposing true federalism and autonomy of the federating units.

    He said the organized labour “wants wages to be determined by the federal government instead of states.

    “The northern elites are so used to proceeds of oil that they abandoned the thugs that make them Great as a region. It it better for them to accept federalism and autonomy because it will be better for them.

    “The North will be the greatest beneficiary of autonomy. They have a great means of revenue which they are ignoring. They should convince cattle rearers to build ranches instead of whipping cattle to the south.

    “Federal legislators’ reasons are selfish. If you have true federalism, that free allowances will not be available for them.

    “Any act of misgovernance in Abuja reverberates across the country. The current unitary system is suffocating and states are struggling to grow. They are dependent on the federal government feeding bottle. It is imperative we return to the 1963 constitution to suit our present challenges, if we are to coexist in a crisis-free Nigeria.”

    Ezeife said Nigeria faced extinction, if there was no restructuring.

    Ezeife noted that only restructuring would free Nigeria from the plot by the British government to keep the country underdeveloped.

    He urged Acting President Yemi Osinbajo to before 2018 convoke a conference that would discuss the country.

    “Every honest Nigerian knows we are at the brink of extinction. Nigeria will cease to exist, if we do not restructure. It is a joke for people to think we should not restructure.

    “Northerners will lose most from the disintegration of Nigeria. We need to go back to the agreed Nigeria. Make the six zones federating units. Allow states in the zones to develop their own constitutions.

    “Osinbanjo should make sure the issue of restructuring is complete by the middle of 2018. Make sure the zones control their security.”

  • Sagay berated for comments on National Assembly

    Sagay berated for comments on National Assembly

    An elder statesman, Joseph Kennedy Waku, has chided the Chairman, Presidential Advisory Committee against Corruption, Prof. Itse Sagay (SAN), for condemning the eighth Senate, saying his comments showed Sagay was selfish and ignorant of the legislature.

    Waku told reporters in Makurdi that Prof. Sagay’s over-exaggerated opinion of the Senate means that even as a professor of law, he lacked competence in legislative matters.

    According to him, Bukola Saraki and Yakubu Dogara became the leaders of the Senate and House of Representatives in the most democratic manner of non-partisan participation, for the first time, without party or executive influence.

    His words: “I feel Prof. Sagay, as a renowned professor of law, does not have the monopoly of knowledge and should not condemn the Senate in its entirety.

    “He should be teaching the younger ones what they need to know, rather than display bias, which can make him lose credibility.

    “There are certain things in law he knows, and I am not challenging him on the basis of law, but to speak for the executive, as if he has become the spokesman of the federal executive, in my view, is not right.

    “He should know that once you become a Senator, you divorce yourself from partisanship and become a Nigerian lawmaker, for which I believe the senate has been doing it best.”

    Waku, who is also the Pro-Chancellor and Chairman Governing Board, Federal University of Technology Akure (FUTA), Ondo State, insisted that since the fourth republic, up to the eight Assembly, there has not been a genuine democratically-elected leadership of the National Assembly like the current.

    He challenged Sagay to go back to his law books to be abreast of the workings of the legislature, and marry his knowledge with the current situation in the country before passing ill-advised comments against the senate.

    “As a constitutional lawyer that he is, I would expect him to challenge the issues that he has raised in court so as to get the National Assembly on its feet rather than cry wolf where there is none,” he added.

  • Sagay seeks punishment for SANs frustrating corruption cases

    Sagay seeks punishment for SANs frustrating corruption cases

    The Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN) on Wednesday advocated stiff punishment for counsels, particularly Senior Advocates of Nigeria, obstructing and frustrating proceedings on high-profile corruption cases.

    He said such punishment for SANs must include denial of right of appearance in such high profile and grand corruption cases.

    Sagay spoke at a Socio-Economic Rights and Accountability Project (SERAP) media roundtable titled: Strategies and Approaches for the Successful Completion and Effective Prosecution of Abandoned and Unresolved High Profile Cases of Corruption and Combating Grand Corruption and Impunity in Nigeria.

    The media roundtable held at Weston Hotel, Ikeja, Lagos, was organized in collaboration with Trust Africa.

    In his paper titled: “Prosecution of Unresolved Long Standing High Profile Cases,” the constitutional lawyer urged judges to enforce section 306 of the Administration of Criminal Justice Act (ACJA) which prohibits stay of proceedings in criminal matters.

    He also counselled chief judges of federal and state high courts to create criminal divisions pending the establishment of a Special Crime Court.

    He said specially selected judges, known for integrity and self-discipline, should be posted to manage such courts.

    Sagay also urged prosecuting counsel in grand corruption cases “to apply to reinstate any case struck out for want of prosecution.

     

  • Bill on amnesty for looters scandalous, says Sagay

    The Chairman, Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), yesterday described the bill seeking amnesty for treasury looters as “scandalous.”

    Promoters of such a bill deserve to be sanctioned, he said. The controversial Economic Amnesty Bill, introduced and read for the first time on June 14 in the House of Representatives, was sponsored by Linus Okorie of the People’s Democratic Party (PDP), Ebonyi State.

    It “seeks to allow all Nigerians and residents who have any money or assets outside the system or have acquired such money or assets illegally (looted or any variant of the cliche) to come forward, within a set time frame, to declare same, pay tax/surcharge and compulsorily invest the funds in any sector of the Nigerian economy; and be granted full amnesty from inquiry or prosecution.”

    Sagay, in a statement, said the Bill, if passed into law, would have “grave implications,” adding that it was a sign that brazen impunity no longer has any significance in Nigeria.

    “That a Nigerian legislator can have the effrontery to promote a Bill which, if enacted into law, will enable looters of our treasury and national patrimony to keep the loot, if only they can acknowledge it as looted, provided they undertake to spend it in Nigeria, is breath-taking,” Sagay said.

    To the Professor of Law, Okorie was encouraging free plundering of state funds without consequences, which he said amounts to the “legitimization of treasury plundering.”

    He said: “In spite of the steep decline in the sense of morality and values in Nigeria in the last 16 years, particularly since this Eight Session of the National Assembly was inaugurated, Okorie’s blatant and brazen advocacy of free looting is nevertheless still shocking to the senses.

    “Soon, armed robbers, kidnappers, extortionists, 419ners, thieves, money launderers, embezzlers, etc, will line up before the Attorney-General with applications compelling him to grant them amnesty and never ever again to question the source, the real amount or any other information on looted funds.

    “I think people who come up with such shocking assaults on our common morality and sense of decency deserve a sharp rebuke coupled with sanctions. Section 15(5) of the Nigerian Constitution provides that ‘the State shall abolish all corrupt practices and abuse of power’.

    “Should a legislator, a ranking public officer, be seen committing a breach of the Constitution, which at the same time constitutes assault on our sensibilities with relish?

    “I can only recall one instance in which such boldness and brazen impunity was demonstrated, albeit, in the pleadings before a law court, rather than a bill before a legislative house, as in this case.

    “Now, what shall we do with Linus Okorie? I propose that the House of Representatives should regard Okorie’s bill to be so impertinent and scandalous as to earn him a suspension from the House, for the rest of the Eight Session, i.e., until July 2019.

    “That should serve notice that Nigeria will no longer tolerate such brazen impunity and corruption or its promotion thereof.”

     

  • Sagay rejects bill seeking amnesty for treasury looters

    Sagay rejects bill seeking amnesty for treasury looters

    The Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), on Thursday rejected a bill seeking amnesty for treasury looters.

    He described the bill as “impertinent and scandalous,” saying promoters of such bills deserve punishment.

    The Economic Amnesty Bill was introduced and read for the first time on June 14 in the House of Representatives and is said to await a second reading.

    The sponsor, Linus Okorie (Peoples Democratic Party (PDP), Ebonyi State), said the bill “seeks to allow all Nigerians and residents who have any money or assets outside the system or have acquired such money or assets illegally (looted or any variant of the cliche) to come forward, within a set time frame, to declare same, pay tax/surcharge and compulsorily invest the funds in any sector of the Nigerian economy; and be granted full amnesty from inquiry or prosecution.”

    Sagay, in a statement, said the Bill, if passed into law, would have “grave implications,” adding that it was a sign that brazen impunity no longer has any significance in Nigeria.

    “That a Nigerian legislator can have the effrontery to promote a Bill which, if enacted into law, will enable looters of our treasury and national patrimony to keep the loot, if only they can acknowledge it as looted, provided they undertake to spend it in Nigeria, is breath-taking,” Sagay said.

    To the eminent professor of law, Okorie was encouraging free plundering of state funds without consequences, which he said amounts to the “legitimation of treasury plundering.”

    Sagay said the anti-corruption war would be doomed if the Bill becomes law, adding that the idea was “shocking to the senses.”

    He added: “Inspite of the steep decline in the sense of morality and values in Nigeria in the last 16 years, particularly since this Eight Session of the National Assembly was inaugurated, Okorie’s blatant and brazen advocacy of free looting is nevertheless still shocking to the senses.

    “Soon, armed robbers, kidnappers, extortionists, 419ners, thieves, money launderers, embezzlers, etc, will line up before the Attorney-General with applications compelling him to grant them amnesty and never ever again to question the source, the real amount or any other information on looted funds.

    “I think people who come up with such shocking assaults on our common morality and sense of decency deserve a sharp rebuke coupled with sanctions. Section 15(5) of the Nigerian Constitution provides that ‘the State shall abolish all corrupt practices and abuse of power.

    “Should a legislator, a ranking public officer, be seen committing a breach of the Constitution, which at the same time constitutes assault on our sensibilities with relish?

    “I can only recall one instance in which such boldness and brazen impunity was demonstrated, albeit, in the pleadings before a law court, rather than a Bill before a legislative house, as in this case.

    “Now, what shall we do with Linus Okorie? I propose that the House of Representatives should regard Okorie’s Bill to be so impertinent and scandalous as to earn him a suspension from the House, for the rest of the Eight Session, i.e., until July 2019.

    “That should serve notice that Nigeria will no longer tolerate such brazen impunity and corruption or its promotion thereof.”

  • Magu: Sagay, Falana, others back Osinbajo

    Magu: Sagay, Falana, others back Osinbajo

    Those expecting the Presidency to drop Economic and Financial Crimes Commision (EFCC) Acting Chairman Ibrahim Magu based on the Senate’s insistence that he must go should perish the thought. Acting President Yemi Osinbajo says Magu is fit for the job. He has the backing of some senior lawyers. Joseph Jibueze and Adebisi Onanuga report.

    Presidential Advisory Committee Against Corruption (PACAC) chairman Prof Itse Sagay (SAN) yesterday backed Acting President Yemi Osinbajo’s position that the Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu would remain in office.

    Sagay said the presidency’s position was anchored on the provisions of the 1999 Constitution, which he said supersedes the EFCC Act.

    But, another SAN, Mallam Yusuf Ali, believes the provision of the EFCC Act was valid and that there would have been no conflict with the Senate if the executive had complied with the law.

    Activist lawyer Femi Falana usged the Acting President to ignore the Senate’s resolution to sack Magu.

    Two other senior advocates Prof Koyinsola Ajayi and Norrison Quakers called for caution and dialogue.

    They spoke in separate telephone interviews with our correspondents.

    To Sagay, Section 2 (3) of the EFCC Act which subjects the commission’s chairman’s appointment to Senate’s confirmation was void.

    He said: “The Section is absolutely void. A court doesn’t need to pronounce it void.  Every Nigerian can interpret the Constitution, and the lawyers particularly can interpret it.

    “There is no judge on any Bench in Nigeria today that qualified before me. I am more qualified than all of them and I qualified long before them. What are they interpreting that I cannot?

    “The truth is that the provision in EFCC Act and any other Act that says the President must get clearance from the Senate before appointing the heads of these agencies or an extra-ministerial body is null and void.

    “The Constitution has clearly provided for the President to so appoint without any reference to the Senate. That is the law of this country. The fact that we have been practicing invalid law does not mean we cannot wake up one day and do the right thing.”

    On whether the EFCC Act’s provision needs to be amended, he said: “No. You just ignore it. It doesn’t exist in law. It is invalid, it is null and void.”

    Sagay, however, said it was not a bad idea for the Supreme Court to be called upon to resolve the impasse.

    The PACAC chair said: “It is not a bad idea for the Supreme Court to be asked to intervene. But I’m telling you this is my interpretation.

    “Any other interpretation that is contrary to this is dishonest. It means they have some private agenda that is contrary to the interest of Nigerians in the face clear provisions of the Constitution.”

    Lauding the Acting President for backing Magu, Sagay said: “Since the passage of our first leaders, like Awolowo, Azikiwe and Ahmadu Bello, we have not been lucky enough to have highly principled, consistent, committed men of great integrity and honour like President Buhari and Vice President Osinbajo. Perhaps the only other previous administration close to the present one is the Murtala Mohammed/Obasanjo administration.

    “Having been victimised, brutalised, looted, marginalised and contemptuously treated by past administrations, particularly the 12-year torture and brigandage of the PDP, Nigerians are extremely lucky that Buhari and Osinbajo have come on a rescue mission to bring us back from the brink of destruction. We now have leaders who are in office to serve Nigeria and who stand on integrity and high principles.

    “By the Acting President statement vowing that he and the President would stand by Ibrahim Magu to the end, we are re-assured that if you are committed to your duties and exhibit integrity, an intrepidity and indomitable spirit in your work, no power on earth can shake you. All evil powers, who are holding Nigeria hostage by their unbridled corruption, arrogance, vanity and vindictiveness will be defeated.

    “The message of Buhari and Osinbajo in the Magu saga, is that they have the courage, determination and commitment to fight evil to standstill and that the darkness of corruption will not be tolerated in the bright light of a sane, sanitised and corruption free society they are trying to establish in Nigeria.

    “Let all of us, Nigerian masses, come out in our millions to stand shoulder to shoulder with these exceptional leaders to kick evil, fraud, looting and corruption out of Nigeria. I am personally elated that I have now found an administration that I am ready to serve with all my heart because of their basic decency and love for Nigeria. Congratulations Mr. Acting President.”

    However, Ali was of the view that the provision in the EFCC Act should have been complied with.

    He said: “The way out for everybody is to follow the law. What does the law say about appointment of EFCC chairman? The law says he must be confirmed by the Senate. That’s what the law says. I believe that if people follow the law and the rule of law, there’ll be no problems.”

    Asked about the constitutional provision that empowers the President to appoint some persons without Senate confirmation, Ali said: “There’s nowhere EFCC was mentioned in the Constitution. This is a body that was not in existence when the Constitution was made in 1999.

    “The EFCC Act says whoever the President wants to appoint as chairman must go to the Senate for confirmation. That is the law of Nigeria until it is amended. And that it part of the rule of law that people must obey the law as it is.

    “Otherwise, the signal will be sent to the citizens that if government can do things against the law, citizens can also take the law into their own hands, which will be a misfortune. If you don’t want this to happen, get the law amended. As long as that is the law, everybody must obey it.”

    Quakers said the matter was a constitutional issue that should give no room for sentiments or emotions.

    He expressed concerns about a statement credited to the Attorney-General of the Federation saying that Osinbajo’s position on Magu was his personal opinion.

    Quakers said: “What I am not comfortable with is the statement credited to the Attorney-General of the Federation that the expression of the Acting President was a personal opinion. What that goes to show is that the house is divided.

    “While the Attorney-General is the chief law officer of the federation, his position as regards this constitutional issue is very important. He is to advice government on what the position is. If the Senate has taken a position on this, he ought to advice the government as to whether the position is right or wrong.

    “If you go back in time, you will recall that the government’s position has always been it will not back down on Magu and that his appointment did not require Senate approval. That is the position of the government and I want to believe it’s borne out of a legal advice from the Attorney-General.

    “The statement credited to the attorney-general is contrary to that position. The Acting President being the head of the Federal Executive Council, having made a statement, it is taken that it represents the position of the government.

    “So, if a member of the council says the expression is personal, it means that the house is divided. It is not a question of who is right or who is wrong. It is a constitutional provision that must strictly be adhered to.”

    Recommending dialogue, Quakers said: “For me, the way out is simple. All over the world, we have people referred to as lobbyists. They lobby the passage of bills or confirmation of nominees. If a nominee has been rejected, it is not for us to insist the person has to go.

    “That makes the person a victim of the crisis between the executive and the legislature. There are ways of going about it. It happened under Obasanjo. For me, it requires more of dialogue and discussions and not to take a hardline position on this issue.

    “The Senate must not be made to appear that it is toothless and just a rubberstamp of the executive. I believe what the Senate is trying to do is to assert its constitutional power. In doing so, it might lead to crisis. So, the way out of this logjam is negotiation – for the two feuding parties to sit down and discuss it.”

    Ajayi believed that the face-off between the Senate and the Presidency over Magu’s confirmation was politically motivated.

    According to him, “the three arms of government should work together for the overall good of the society.”

    Ajayi said: “The drafters of the constitution in their wisdom created three arms of government for there to be checks and balances. They have done so in consonance worth constitutional principle from a long time and biblical injunctions also. Where there is distortion of fact, they should ensure that we don’t have authoritarian or dictatorship situation.

    “As the executive must not become a law unto itself, so must neither the National Assembly nor the judiciary become a law unto itself. So, the current difference between the senate and the presidency is needless.”

  • Sagay backs Osinbajo on Magu

    Sagay backs Osinbajo on Magu

    The Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof Itse Sagay (SAN), on Thursday backed Acting President Yemi Osinbajo’s position that the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, would remain in office.

    Sagay said the presidency’s position was anchored on the provisions of the 1999 Constitution, which he said supersedes the EFCC Act.

    But, another lawyer Mallam Yusuf Ali (SAN), believed the provision of the EFCC Act was valid, and that there would have been no conflict with the Senate if the executive had complied with the law.

    Two other SANs, Prof Koyinsola Ajayi and Norrison Quakers, called for caution and dialogue.

    They spoke in separate telephone interviews with our correspondents.

    To Sagay, Section 2 (3) of the EFCC Act which provides that the commission’s chairman’s appointment was subject to Senate confirmation was void.

    “The Section is absolutely void. A court doesn’t need to pronounce it void.  Every Nigerian can interpret the Constitution, and the lawyers particularly can interpret it. There is no judge on any Bench in Nigeria today that qualified before me. I am more qualified than all of them and I qualified long before them. What are they interpreting that I cannot?

    “The truth is that the provision in EFCC Act and any other Act that says the President must get clearance from the Senate before appointing the heads of these agencies or an extra-ministerial body is null and void.

    “The Constitution has clearly provided for the President to so appoint without any reference to the Senate. That is the law of this country. The fact that we have been practicing invalid law does not mean we cannot wake up one day and do the right thing,” Sagay said.

    On whether the EFCC Act’s provision needs to be amended, he added: “No. You just ignore it. It doesn’t exist in law. It is invalid, it is null and void.”

    Sagay, however, said it was not a bad idea for the Supreme Court to be called upon to resolve the impasse.

    “It is not a bad idea for the Supreme Court to be asked to intervene. But I’m telling you this is my interpretation. Any other interpretation that is contrary to this is dishonest. It means they have some private agenda that is contrary to the interest of Nigerians in the face of clear provisions of the Constitution,” he said.

    Sagay praised Osinbajo for backing Magu.

    He said: “Since the passage of our first leaders, like Awolowo, Azikiwe and Ahmadu Bello, we have not been lucky enough to have highly principled, consistent, committed men of great integrity and honour like President Buhari and Vice President Osinbajo. Perhaps the only other previous administration close to the present one is the Murtala Mohammed/Obasanjo administration.”

     

     

  • Sagay shocked as Ozekhome, others hail judgment

    Sagay shocked as Ozekhome, others hail judgment

    Presidential Advisory Committee Against Corruption (PACAC) Chairman Prof Itse Sagay (SAN) yesterday expressed shock over Senate President Bukola Saraki’s acquittal by the Code of Conduct Tribunal (CCT).

    He said contrary to the tribunal’s position, he was convinced that the prosecution presented sufficient evidence to warrant Saraki to defend himself.

    Sagay said he was concerned about Saraki’s acquittal based on a no-case submission, especially coming soon after Justice Adeniyi Ademola of the Federal High Court, who was accused of corrupt enrichment, was also similarly discharged.

    A no-case is a term in criminal law whereby a defendant seeks acquittal without having to defend himself. Under it, the defendant seeks to be discharged and acquitted on the basis that the prosecution his not adduced sufficient evidence for his trial.

    Sagay said he was “thoroughly shocked” that the CCT did not consider the prosecution’s evidence weighty enough as to reach call on Saraki to enter his defence.

    Asked if he was bothered that Saraki’s acquittal on a no-case submission came soon after that of Ademola, Sagay said: “Of course I’m concerned.”

    The PACAC chairman added: “To start with, I’m shocked, because a lot of materials were put before the court. And for a court to uphold a no-case submission means that there was no prima facie case made. That’s why I’m a bit shocked because I followed the proceedings very closely. But there’s going to be an appeal. We’ll just wait and see what happens then, but I’m thoroughly shocked, yes,” he said.

    Former Lagos Branch chairman of the Nigerian Bar Association (NBA) Mr Chijioke Okoli (SAN) said the Federal Government seemed to be losing high profile cases involving politically exposed persons.

    He attributed it to a “multiplicity of factors”, including shortcomings on the part of the prosecution and the ability of high profile suspects to hire the best defence lawyers.

    Okoli, however, said the government had secured some convictions as published by the Economic and Financial Crimes Commission (EFCC) recently.

    He said: “We don’t have exact statistics to deal with (on loss of high profile cases). I’m aware that recently, EFCC chair reeled out some impressive number of convictions they have secured.

    “However, from an anecdotal evidence based on what we read in the papers, it does appear that the politically exposed persons seems to be getting away scot free.

    “One may ask: ‘If the vast majority of politically exposed persons are getting acquitted, then is it the man on the street or you and I who are the perpetrators of this much vaunted bribery corruption?”

    Activist-lawyer Chief Mike Ozekhome (SAN) described the verdict as “bold, courageous and right.”

    He took a swipe at the EFCC for engaging in media trial, saying the courts cannot be stampeded into convicting at all costs, despite “visible executive interference and manipulation”.

    Ozekhome urged the government to put its house in order rather than claiming that “corruption is fighting back” and that the courts are against the anti corruption fight.

    Committee for the Defence of Human Rights (CDHR) National President Malachy Ugwummadu urged the government’s prosecutorial team to double its efforts at securing convictions.

    He added: “The fight against corruption is not only effectual or effective when you arrest and arraign suspects particularly, politically exposed persons.”

    Dr Paul Ananaba (SAN) and Abiodun Owonikoko (SAN) said justice had been served with Senate President Bukola Saraki’s acquittal.

    Ananaba said: “It is due process. The matter went on for a while and now the court has ruled on a no-case submission. That is the position now and this has become the law, the CCT having ruled that he has no case to answer. It means the case has come to an end. What CCT has done has become the law.

    “You will recall that Saraki filed several applications before the CCT and even went up to the Supreme Court before coming back for trial.

    “I think nobody should worry because the prosecutor knows what to do if not satisfied. The Constitution provides for appeal.

    “But I think the country has a lot to worry about at this time and some of these disruptions should be avoided. The sitting of the Senate has been affected by this trial. Each time he goes to court, no serious business ever took place.

    “We have an acting President now. We need the attention of our leaders to face major issues confronting the country now. I think the prosecution should look at national interest before any further step is taken.”

    Owonikoko said there were lessons to be learnt.

    “He’s perhaps vindicated and strengthened in authority and integrity by the discharge on the merit which equates to acquittal,” Owonikoko said.

  • Saraki’s acquittal shocking – Sagay

    Saraki’s acquittal shocking – Sagay

    The Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay (SAN), said on Wednesday he was shocked by the acquittal of Senate President, Bukola Saraki, by the Code of Conduct Tribunal (CCT).

    Sagay said he followed the case closely and was convinced that the prosecution presented sufficient evidence to secure a conviction.

    The PACAC chairman said he was concerned about Saraki’s acquittal based on a no-case submission, especially coming soon after Justice Adeniyi Ademola of the Federal High Court, who was accused of corrupt enrichment, was also similarly discharged.

    A no-case is a term in criminal law whereby a defendant seeks acquittal without having to present a defence.

    It refers to a submission made by a defendant or an accused in a court, which states that the claim or prosecution is not sufficient for conviction or judgment. The defendant supports his/her submission by pleading that the case is based on insufficient legal grounds.

    Sagay said he was “thoroughly shocked” that the CCT did not consider the prosecution’s evidence weighty enough as to reach a guilty verdict.

    Asked if he was bothered that Saraki’s acquittal on a no-case submission came soon after that of Ademola, Sagay said: “Of course I’m concerned.”

    The PACAC chairman added: “To start with, I’m shocked, because a lot of materials were put before the court. And for a court to uphold a no-case submission means that there was no prima facie case made.

    “That’s why I’m a bit shocked because I followed the proceedings very closely.

    “But there’s going to be an appeal. We’ll just wait and see happen then, but I’m thoroughly shocked, yes.”

    A former chairman of the Lagos Branch of Nigerian Bar Association (NBA), Mr. Chijioke Okoli (SAN), said the Federal Government seemed to be losing high profile cases involving politically exposed persons.

    He attributed it to a “multiplicity of factors,” including shortcoming on the part of the prosecution and the ability of high profile suspects to hire the best defence lawyers.

    Okoli, however, said the federal government had secured some convictions as published by the Economic and Financial Crimes Commission (EFCC) recently.

    He said: “We don’t have exact statistics to deal with (on loss of high profile cases). I’m aware that recently, EFCC chairman reeled out some impressive number of convictions they have secured.

    “However, from an anecdotal evidence based on what we read in the papers, it does appear that the politically exposed persons seems to be getting away scot free.

    “One may ask: ‘If the vast majority of politically exposed persons are getting acquitted, then is it the man on the street or you and I who are the perpetrators of this much vaunted bribery corruption?’

    “So, it’s something that does not lend itself to a straight forward answer. A number of it (losses) may well be due to the system. I don’t want to believe that the prosecution is inept as some people say.”