Our Supreme Court used to be the best in the world – Sagay
Prof. Itse Sagay (SAN) is the chairman of the Presidential Advisory Committee Against Corruption (PACAC). He speaks on Finance Minister Kemi Adeosun, the legal aspect of Senate President Bukola Saraki’s removal. Excerpts: President Buhari has said from the onset that the judiciary is an head ache and we are going into a new legal year, […]
Prof. Itse Sagay (SAN) is the chairman of the Presidential Advisory Committee Against Corruption (PACAC). He speaks on Finance Minister Kemi Adeosun, the legal aspect of Senate President Bukola Saraki’s removal. Excerpts:
President Buhari has said from the onset that the judiciary is an head ache and we are going into a new legal year, how would you assess the performance of the Judiciary in the last legal year?
The President was right, the judiciary in the earlier part especially the presidential tribunal, was a disaster. Particularly in 2007 that was the shameless act at the highest level. Where they could open their eyes and write that a ballot paper without a serial number is a valid ballot paper. It never happened anywhere in the world, that was most shameless. There has been a lot of improvements since then even though we still have corrupt judges at all levels. But the level of corruption has gone down and there is an attempt to now fall into the spirit of anti-corruption struggle that Buhari’s government has introduced and I always say that the CJN’s directive that special courts should be identified by CJs of the various courts in the country for corruption cases only, the establishment of the monitoring group are very excellent ideas, which we were pursuing and we did not succeed because the National Assembly refused to consider the bills but the CJN did it administratively and they are operating very well. Recently two former governors were sentenced to very lengthy prison terms, by one of the special courts that was created. So, I am encouraged by that. We are still watching the Judiciary. Although everything is not perfect yet, we are still watching. But it is far better than the type of judiciary we use to have when Eso, Oputa, Mohammed Bello, Obaseki, Karibi Whyte, Nnamani, that group when they were there. We had the best Supreme Court in the world.
Do you agree that the holidays and vacations enjoyed by the Judiciary every year is too long?
I have a slightly different opinion; the work of a judge is very mentally demanding. They have to do a lot of thinking and research to write a judgement. If they have a two months holiday, personally I don’t mind. My complaint against them is the callousness of many judges. They will not sit and they will not tell you beforehand. Lawyers who have prepared to go to court and given up everything for that day and when they get to court and the registrar will just announce that the judge will not sit, that is an insult on the lawyers and an insult on the people of this country. A judge could take off and they have our phone numbers.
What is your reaction to the recent DSS siege on the National Assembly?
It is most embarrassing; my initial reaction was that it was ordered by the Presidency to avoid violence because we heard that some people were going to invade the place but I was shocked to later find out that there was no such directive and that in fact it was the initiative of the DSS itself which is illegal. They are supposed to operate under the directive of Mr. President. So, what they did was grossly illegal. It portrayed us in a very bad light and shutting down parliament in effect.
What is your reaction to people who say that the anti-corruption war is biased and witch-hunt?
The PDP were in power from 1999 to 2015 and they were the ones who had assess to Nigerian’s assets and resources. They had an orientation to simply helping themselves without looking back, it was horrible.
Look at the Benue state governor who was praised while in APC but the moment he crossed over to PDP they went after him, freezing the state governments accounts. Are you worried about that?
No, I am not worried. There must be a reason why they did that. I don’t have the detail. The EFCC is investigating all former governors and keeping a tab on them. They have their records and progressively, one by one they are going to be called upon to answer questions. Governor Ortom is still serving so there is nothing they can do to him. But they can investigate him, while waiting for him to finish but right now nobody can touch him. I don’t support seizing Benue State funds because I don’t want people to suffer.
What is your reaction to the forgery issue of finance minister Kemi Adeoshun. Government has not reacted?
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 going to enjoy, because it takes time and the way our economy is booming now, and recession ended is due to her expertise, commitment and her sacrifice. Nothing in this world will make me remove such a person. The PDP can weep from now till there is no nire tear in their body again, she is going to be there. We cannot afford to lose that woman.
What about the allegation of her youth service?
Who cares about youth service! I don’t bloody care whether she did youth service or not. It is irrelevant and I don’t believe the forgery allegation and I don’t see anything serious about it.
Should Saraki relinquish his position as Senate President because he defected to PDP?
Yes as a matter of honour. He is not compelled by law. He should be removed by two third majority. But as a matter of honour he got there when he was in APC by subterfuge which is typical of him, in a tricky and fraudulent manner. But for him to be removed requires two-third majority, not of the Senate but of those present and voting. So, it does not have to be everybody, it is two-third of those who happen to be there. A quorum of two-third of those present.