Friday, 28 August 2015

Sagay: Activist don in familiar terrain


On August 10, President Muhammadu Buhari appointed a Presidential Advisory Committee against Corruption headed by a professor of law and civil rights activist, Itsejuwa Sagay (SAN).


It came at a time three international development partners (the Ford Foundation, MacArthur Foundation and Open Society Foundation) floated a $5million anti-Corruption and Criminal Justice Reform fund in support of the Federal Government.


The committee’s brief is to advise the government on the prosecution of the war against corruption, implementation of required reforms in the criminal justice system, and developing comprehensive interventions for achieving the recommended reforms.


Members include a Professor of Criminology, Ahmadu Bello University, Prof. Femi Odekunle; an Associate Professor of International Law, University of Jos, Dr. Benedicta Daud; Professor of Sociology, University of Jos, Prof. E. Alemika; Professor of Criminology, Bayero University, Kano, Prof. Sadiq Radda; a civil society activist, Hadiza Bala Usman; and Prof. Bolaji Owasanoye of the Nigerian Institute of Advanced Legal Studies (Secretary).


Many have hailed the choice of Sagay as the committee’s head. Prof. Sagay is passionate about human rights and democracy. At every opportunity, he does not leave anyone in doubt as to where his allegiance is  to the people, and he is not apologetic about it. “I was politically aware at the age of 21,” he once said.


As soon as he was admitted to the University of Ife in 1962 where he studied law, he set up the Action Group wing on campus. Ever since, he has pitched his tent with the many against the tyranny of the few ruling elite.


He attended the King’s College, Cambridge University, Cambridge, England (1966-70) where he obtained an L.L.M. International Law. He got his Ph. D in International Law, also from Cambridge, in 1970.


A holder of the Certificate of The Hague Academy of International Law (1976) and Fellow of the Chartered Institute of Arbitrators, he was made a Senior Advocate of Nigeria in September 1998.


The Sagay team, analysts says, is peopled by names that boost public confidence, and should focus on how fast the country can implement the provisions of the Administration of Criminal Justice law.


This is because the bane of rooting out corruption, they added, is the subversion of the criminal justice system through bungled investigation, cynical stalling of the judicial process by subversive injunctions and outright brazen bribery of judicial officers.


The immediate past administration of President Goodluck Jonathan has been accused of mind-boggling and confounding sleaze and malfeasances.


Among others, it was alleged that the Nigerian Ports Authority (NPA) realised revenue amounting to N162 billion, but remitted only N2 billion to the treasury. It was also reported that 80 per cent of cargo imports into Nigeria was under-declared by the managers of Nigeria’s ports.


The committee is expected to recommend how to reduce such sleaze, while the bad eggs are swept out.


A Lagos-based lawyer, Princess Monica Akiri, said since no society is static, laws should be dynamic if they must be relevant to an evolving society. For instance, she said principle which imposes on the prosecution the burden of proving the guilt of the accused beyond reasonable doubt should not apply in corruption cases.


“I therefore recommend that the principle be applied only to other criminal cases while persons charged with corruption-related cases should have the burden of proving their innocence.”


The committee has also been urged to consider the issue of special courts.  “This is a veritable guarantee to the game of dribbles that have characterised the trials of high profile cases of corruption some of which have dragged on for over eight years,” Akiri said.


A former Chairman, Ikeja Branch of the Nigerian Bar Association (NBA), Mr Monday Ubani, said the Sagay committee should explore scientific means of curbing graft.


“We need to tackle the hydra-headed monster called corruption scientifically. Apart from arresting and prosecuting culprits, we need to put up a permanent structure in our system that will discourage future corrupt people in both private and public sectors of national life.”


Constitutional lawyer, Mr. Ike Ofuokwu, said corruption has eaten into Nigeria’s very foundation and can only be successfully fought against by the likes of Sagay‎.


“If this monster called corruption is not fiercely battled, defeated and destroyed, then we are left only with one option: corruption will destroy Nigeria,” he said.


On his expectations, he said: “Prof. Sagay needs to quickly identify incorruptible and brutally honest judges that are needed to fight this cancerous battle with him.


“I posit most respectfully that the battle should commence with all the graft agencies and the judiciary, otherwise the war against corruption will be a very difficult one to win.


“However, the President must safeguard the committee’s independence and jealously ensure that there is no interference from any source or quarters whatsoever.”





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