Prof. Itse Sagay (SAN), Chairman of the Presidential Advisory Committee Against Corruption (PACAC), in this exclusive interview with TEMIDAYO AKINSUYI speaks on latest developments in the polity. Excerpts:

What is your perspective on the suspension of the CJN, Walter Onnoghen by President Muhammadu Buhari?

I have been questioned on this matter and I have said the suspension of the former CJN by President Muhammadu Buhari is both morally and legally valid. Morally, it is valid because as head of such a major institution, where you are supposed to show standard of ethics and good conduct, where such an allegation is made against you, even if you have to defend it, you must step down. You must step down because the charges will be heard in institutions which are headed by you, the CJN. There is no way it is going to be a fair process if you are still sitting there at the top and your underlings are the ones hearing the petitions that have been brought against you. So, it is not just morally right for him to remain there while the case is being heard.

On the legal issue, I have two approaches, which is that a Tribunal which is a court of law has made an order and the government is bound to carry out that order. That is exactly what has happened. The order by the Tribunal is that the CJN should step down immediately. The moment that order was issued, the CJN ceased to Chief Justice of Nigeria. He became acting because that order did not sack him but step him down from his position, pending the hearing of the case. So, with that order, the CJN is no longer in a position to exercise his power as Chief Justice pending the hearing of the petition. For me, what the President did was merely affirming an already existing situation because a court had made a pronouncement on that issue.

My second approach is that if I were the President, having advised the Chief Justice to step down, pending the hearing of the case and he refuses to do so, and I know the very grave implications of him remaining in position while all institutions under him and presiding over his own case, I as President will suspend him. How is that justified? If you look at Section 292 paragraph 1, there are four points there. It says the Chief Justice can be removed by the President on grounds of unfitness for office, either physical, mental, on grounds of misconduct and finally on grounds that he has broken the Code of Conduct. The President can remove him if he does all this. Before removing him, he has to send his name to the Senate and if the Senate adopts the proposal of the President by two-thirds of the majority, then the President can finally remove him. Now the question may be asked: why did he suspend him before sending his name to the Senate? The answer is he has not removed him. He has merely suspended him because there is serious charge against him and he ought not to be in office. He will now send the name to the Senate and it will be deliberated upon. If they confirm the President’s charge, then that is when he stands removed. If they fail to confirm it, then the CJN is restored to office. That is the second approach which has not been adopted by the president in this case. He is obeying a court order but I am saying if he were to adopt the court order, it will be in that sequence- belief that the CJN has committed a breach of the Code of Conduct, suspension from office, sending his name to the Senate and if confirmed by Senate, removal from office.

If the Code of Conduct Tribunal at the end pronounced that he is not guilty, he goes back automatically to his position as CJN. There is no question about that.

https://www.independent.ng/buharis-victory-will-bury-obasanjo-forever-politically-sagay/

Because he is a dictator, tyrant, despot and hater of anything South/Christian and he is not afraid to show it.

If he had his way, there will be no more than 3 southerners in his cabinet and a fellow Fulani muslim will be his VP.

Ekiti and Ogun currently have no ministers in the FEC. And there is no plan to fill the slots!
But when the ministerial seat occupied by a core northerner became vacant some weeks back, it was promptly filled by another.

Had Onnoghen been a core northern muslim, this case won't even come up at all.

Onnoghen's mistake was trying to assert the independence of the judiciary.

Emefiele is still CBN governor because he is quick to bow to Isa Funtua and the cabal.

We must learn to separate the office from the person while adhering to the constitution and due process. Where was the system all this while when Onnoghen rose through the ranks

Buharists are a bunch of pathetic, senseless 'lowlives' cum zombies who will go to any length to defend the indefensible. They are worse than Buhari himself!

K

So pdp SUSPENDED its campaign because a judge who admitted guilty was SUSPENDED.

What we have seen about this dubai strategy seems to be just a tip of the iceberg, very soon we shall see the rest of the iceberg.

Good

You've posted this on front page before na. Same content different headings. All these bloggers sef... And the Mod... Chai

Sa-gay must be one of the people that misled the tyrant.

Niaja

.

Unfortunately, I read this man's book in the university. Imagine how he is dancing around the question.

because he can neither read or write as confirmed by Amaechi

Sa-gay is useless, they should remove he's SAN title.

This is a man who supports Buhari from not obeying court orders

Am not against suspension

But the time and the process is very wrong so it had to do with something personal

Some prof here is very useless and shameless

Trash talk

Who's the sagging guy

just look at what a so called SAN is saying because of selfish interest .. Sagay first and foremost the constitution does not say all the National Assembly needs is a mere notification from the President, it's says the President must submit a request for removal to the National Assembly for deliberations and Vote out by 2/3 of the members before such removal can occur.


"CJN holds office at the pleasure of the Nigerian constitution and can only be removed from office by death or on attainment of age 70 whichever occurs first or by impeachment by the Senate of the Federal Republic of Nigeria which requires a super majority of the members of the Nigerian Senate"

Billionaire CJN

hisexcellency34:

On the legal issue, I have two approaches, which is that a Tribunal which is a court of law has made an order and the government is bound to carry out that order.

.

And this same govt isn't "bound" to carry out the court orders on Dasuki, ElZakzaky

Chai, you really can't defend Buhari without sounding stupid!

Don't expect to get human rights in animal kingdom!!!

Jubril may your days be long Sir






4+4=2023

I have been questioned on this matter and I have said the suspension of the former CJN by President Muhammadu Buhari is both morally and legally valid

. 
NOTHING REMOVED, NOTHING ADDED, straight from Daddy's mouth......strictly for the lovers of Nigeria, not for CRIMINALS and criminals at heart!


Fellow Nigerians,

A short while ago, I was served with an Order of the Code of Conduct Tribunal issued on Wednesday 23rd January 2019, directing the suspension of the Chief Justice of Nigeria, Honourable Justice Walter Nkanu Samuel Onnoghen from office pending final determination of the cases against him at the Code of Conduct Tribunal and several other fora relating to his alleged breach of the Code of Conduct for Public Officers.

2. The nation has been gripped by the tragic realities of no less a personality than the Chief Justice of Nigeria himself becoming the accused person in a corruption trial since details of the petition against him by a Civil Society Organization first became public about a fortnight ago.

3. Although the allegations in the petition are grievous enough in themselves, the security agencies have since then traced other suspicious transactions running into millions of dollars to the CJN’s personal accounts, all undeclared or improperly declared as required by law.

4. Perhaps more worrisome is the Chief Justice of Nigeria’s own written admission to the charges that he indeed failed to follow the spirit and letter of the law in declaring his assets, citing ’’mistake’’ and ’’forgetfulness’’ which are totally unknown to our laws as defences in the circumstances of his case.

5. One expected that with his moral authority so wounded, by these serious charges of corruption, more so by his own written admission, Mr. Justice Walter Onnoghen would have acted swiftly to spare our Judicial Arm further disrepute by removing himself from superintending over it while his trial lasted.

6. Unfortunately, he has not done so. Instead, the nation has been treated to the sordid spectacle of a judicial game of wits in which the Chief Justice of Nigeria and his legal team have made nonsense of the efforts of the Code of Conduct Tribunal to hear the allegation on merit and conclude the trial as quickly as possible considering the nature of the times in which we live.

7. Whether deliberately or inadvertently, we have all seen the full weight of the Chief Justice of Nigeria descend on the tender head of one of the organs of justice under his control. There is simply no way the officers of that court, from the Chairman to the bailiffs, can pretend to be unaffected by the influence of the leader of the Judiciary.

8. Not only the trial court, but others have been put on the spot. Practically every other day since his trial commenced, the nation has witnessed various courts granting orders and counter-orders in favour of the Chief Justice of Nigeria, all of them characterised by an unholy alacrity between the time of filing, hearing and delivery of judgment in same.

9. The real effect has been a stalling of the trial of Justice Onnoghen, helped along by lawyers who insist that these orders, whether right or wrong are technically valid, and must be obeyed till an appellate Court says otherwise. No doubt, that it is the proper interpretation, but is it the right disposition for our nation?

10. Nigeria is a constitutional democracy and no one must be, or be seen to be, above the law. Unfortunately, the drama around the trial of the Chief Justice of Nigeria has challenged that pillar of justice in the perception of the ordinary man on the street. For it is certain that no ordinary Nigerian can get the swift and special treatment Justice Onnoghen has enjoyed from his subordinates and privies in our Judicature.

11. In the midst of all these distracting events, the essential question of whether the accused CJN actually has a case to answer has been lost in the squabble over the form and nature of his trial. This should not be so.

12. If Justice cannot be done and clearly seen to be done, society itself is at risk of the most unimaginable chaos. As a Government, we cannot stand by wailing and wringing our hands helplessly but give our full backing and support to those brave elements within the Judiciary who act forthrightly, irrespective of who is involved.

13. As you are all aware, the fight against corruption is one of the tripod of policies promised to Nigerians by this administration. Needless to say that it is an existential Policy which must be given adequate attention and commitment by all the three arms of government. The efforts of the Executive will amount to nothing without the cooperation of the Legislature and especially the Judiciary.

14. It is no secret that this government is dissatisfied with the alarming rate in which the Supreme Court of Nigeria under the oversight of Justice Walter Onnoghen has serially set free, persons accused of the most dire acts of corruption, often on mere technicalities, and after quite a number of them have been convicted by the trial and appellate courts.

15. Since there is nothing the Executive Arm can do after the apex court of the land has spoken on any matter, several of these individuals walk free among us today, enjoying what are clearly the proceeds of the corruption which for so long has defeated the efforts of this nation to develop and prosper.

16. It is against this background that I have received the Order of the Code of Conduct Tribunal directing me to suspend the Chief Justice pending final determination of the cases against him. It also explains why I am not only complying immediately, but with some degree of relief for the battered sensibilities of ordinary Nigerians whose patience must have become severely over-taxed by these anomalies.

17. In line with this administration’s avowed respect for the Rule of Law, I have wholeheartedly obeyed the Order of the Code of Conduct Tribunal dated 23rd January 2019.

18. Accordingly, I hereby suspend the Honourable Mr. Justice Walter Nkanu Samuel Onnoghen, GCON as the Chief Justice of Nigeria pending final determination of the case against him at the Code of Conduct Tribunal.

19. In further compliance with the same Order of the Code of Conduct Tribunal, I hereby invite Honourable Justice Ibrahim Tanko Mohammed JSC, being the next most Senior Justice in the Supreme Court, to come forward to take the Judicial Oath as Chief Justice of Nigeria in an Acting Capacity.

20. Fellow Nigerians, we can only stand a chance to win the fight against Corruption, and position our dear nation for accelerated development when we stand together to contend against it.

Thank you and may God bless our country.




This is why President MUHAMMADU BUHARI is the best President in the history of Nigeria.
He explained everything in details to the nation, cos he knows we deserve an explanation, a dictator will not mind who is wailing or wants to jump into the lagoon!

All I know is buhari must go

Perfect explanation for the president's action ..though not a fan of the president

Story for the gods....

D