Lawyers caution Sagay over court rulings

Lawyers, under the aegis of the Nigerian Bar Association (NBA), at the weekend, cautioned the Chairman, Presidential Advisory Committee Against Corruption, Professor Itsejuwa Sagay, SAN, over his comments on string of court decisions against the corruption cases prosecuted by the Economic and Financial Crimes Commission (EFCC).

They (lawyers) noted that although Sagay is a professor of law who has distinguished himself in the areas of constitutional law, he should understand better that judges relied on evidence before coming to a decision in a matter brought before them.

Prof. Sagay had at a Strategic Engagement with Investigative Journalists last week Thursday described last week’s string of court decisions against the corruption cases prosecuted by the Nigerian government as “worrying”, adding that the “courts’ decisions call for a deep reflection.”

No fewer than three judges delivered rulings that went against the corruption cases instituted by the Federal Government.

Justice Abulazeez Anka of a Federal High Court, Ikoyi, Lagos had on Monday last week vacated a freeze order on the account of a Senior Advocate of Nigeria, Mike Ozekhome, after initially ordering a temporary forfeiture of N75 million found in Ozekhome’s Guarantee Trust Bank account.

The Economic and Financial Crimes Commission (EFCC) had through its prosecutor, Rotimi Oyedepo, sought for a freeze order on the account alleging it to be proceeds of crime.

Two days later, a High Court of the Federal Capital Territory, Abuja on Wednesday last week, discharged a judge of the Federal High Court in Abuja of all 18-count charges of fraud brought against him, his wife and a senior lawyer.

Justice Adeniyi Ademola, his wife, Olabowale, as well as Joe Agi, a Senior Advocate of Nigeria, were accused of fraudulent diversion of huge sums, ranging from local and foreign currencies, possession of firearms and involvement in illegal collection of gratification.

Again, on Thursday, a Federal High Court in Lagos issued an order unfreezing the Skye Bank account of a former First Lady, Patience Jonathan. The EFCC had in November 2016 filed an application before the court seeking an order freezing the account. The commission had contended that the funds were reasonably suspected to be proceeds of crime. The account is said to harbour the sum of $5.8 million.

Apparently miffed by those court decisions Sagay said: “It’s a complex matter that will need a lot of reflection. But what I can say, generally, is that all those involved in the anti-corruption struggle should not be discouraged, they should continue to do their best.”

Dissatisfied, Chief Mike Ozekhome, a Senior Advocate of Nigeria, took a swipe at Sagay, accusing the committee’s chairman of serially misleading the President Muhammadu Buhari led government through low quality anti-people advice which has in turn led the government into taking draconian and despotic actions against Nigerian citizens, thereby putting fundamental rights and rule of Law to flight.

He said the Committee has become a great burden, albatross on the government’s neck, creating problems, rather than solutions, to the government; winning for it more enemies than friends.

Some of the lawyers, though preferred anonymity, spoke exclusively to The Daily Times on Sunday described the erudite scholar’s comments about the decisions of courts as not only dangerous but also capable of ridiculing the third arm of government.

The lawyers all argued that the judicial system envisaged that if a party to a suit is unhappy with the decision of a lower court that party can approach the appellate courts if it so desired.

For instance, former Delta State Attorney General and Commissioner for Justice, Mr. Dafe Akpedeye SAN, said if any party before the court is not satisfied with the outcome of court’s decision, that party can take advantage of the appellate courts to seek redress.

“I don’t think it is right to disparage judges or their decisions. If anybody is not satisfied with the decision of a lower court, the person can approach the appellate court up to the Supreme Court. The court is not infallible that is why there are different courts. A situation where a minister in the temple of justice will start to criticise the judgments of court is not good for the entire system. It will only make mockery of the judiciary as an arm of government.”

Another Senior Advocate of Nigeria, Yusuf Ali, who is the Pro-Chancellor, Osun State University, said: “Professor Sagay was my lecturer, no matter the view I hold about him, I should not castigate him on the pages of newspapers but I disagree with most of what he has been saying in recent times. I am not on the same page with him.”

When The Daily Times contacted the President, Nigerian Bar Association, Mr. Abubakar Mahmoud SAN, for his views, he declined commenting on the issue, stating that the association will hold a press briefing at a later date where issues will be addressed appropriately.

His Vice, Mr. Monday Ubani, however stated that he doesn’t think Professor Sagay disparaged any judge or their rulings, rather, he was merely expressing his frustrations on the outcome of those corruption cases.

His words: “I don’t think he disparaged any judge, he’s only expressing his frustrations as the chairman, Presidential Advisory Committee Against Corruption that the anti-graft agency could not secure convictions in most of the corruption cases. Judges rely on evidence before them in making pronouncements. We must be careful to look at issues based on evidence presented before the court and if EFCC does not file any paper, as it failed to do in one of those cases to rebut what the other party said, there’s no way any judge can rule in their favour.”

Only last year, the lawyers’ umbrella body through its leadership threatened to sanction any lawyer who makes unguarded statement about rulings emanating from the various courts across the nation. It is however not clear whether NBA will live up to expectations should any lawyer flout it order.