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Home»Legal Articles & Commentaries»“Supreme Court Ruling On Rivers Lawmakers Wrong” — Prof. Sagay SAN Criticizes Judgment That Allowed Defectors To Keep Seats
Legal Articles & Commentaries

“Supreme Court Ruling On Rivers Lawmakers Wrong” — Prof. Sagay SAN Criticizes Judgment That Allowed Defectors To Keep Seats

Lawbreed LimitedBy Lawbreed LimitedMay 12, 2025No Comments5 Mins Read
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Senior Advocate of Nigeria (SAN) and former Chairman of the Presidential Advisory Committee on Corruption (PACC), Prof. Itse Sagay, has described Nigeria’s democracy as suffering from “stunted growth,” criticizing the National Assembly’s lack of independence and warning against the misuse of anti-corruption agencies like the Economic and Financial Crimes Commission (EFCC). In an interview with Joy Anigbogu, Sagay also called for an enabling business environment to support the Nigeria First Policy and expressed skepticism about efforts to unseat President Bola Tinubu in 2027, citing the power of incumbency.

Sagay endorsed the Nigeria First Policy, which prioritizes local resources and businesses before imports, noting it was an assumed practice now being explicitly promoted. However, he highlighted the hostile production environment as a major barrier. “The atmosphere in Nigeria is too hostile to production… The cost of production is really too high,” he said, pointing to high energy costs and borrowing rates. He urged the Federal Government to provide an enabling environment, including affordable energy and finance, to ensure local manufacturers can compete effectively.

Addressing concerns about Nigeria drifting toward a one-party state due to defections to the All Progressives Congress (APC), Sagay dismissed the notion. “I don’t think we’re going to end up with a one-party state,” he said, arguing that while politicians defect to secure their futures, the electorate remains independent, evaluating parties based on programs and records. He noted that opposition parties retain significant followings, unaffected by defections.

However, Sagay acknowledged tensions caused by high-profile defections, such as Delta State Governor Sheriff Oborevwori’s move to the APC. He cited grievances from APC chieftain Collins Eselemo, who rejected Oborevwori’s leadership due to his past marginalization of party loyalists. Sagay advised party leaders to compensate long-standing members with positions to maintain relevance and avoid conflicts. “They need to be made to feel relevant… otherwise there will be grievances,” he warned.

Sagay expressed surprise at claims that the Cybercrime Act is being used to gag the press, as raised by the Nigeria Guild of Editors (NGE) and the Socio-Economic Rights and Accountability Project (SERAP). “I thought the law is meant to check those using the internet to defraud citizens… I will be very surprised,” he said, noting its intended purpose against fraudsters. He attributed rising financial fraud to enforcement failures rather than the law itself.

On the EFCC, Sagay responded to speculations that defections, such as former Delta Governor Ifeanyi Okowa’s to the APC, are motivated by escaping prosecution. He acknowledged public concerns, fueled by former APC chairman Adams Oshiomhole’s claim that defectors’ “sins are forgiven,” but noted that achieving a fully independent anti-corruption agency is challenging in a third-world context. “Our leaders are still too touchy… It takes time,” he said, admitting that political sentiments hinder impartiality.

Sagay sharply criticized the National Assembly under Senate President Godswill Akpabio, describing its performance as “abysmal” and lacking independence. “They don’t give me the impression of being sufficiently independent… It has been a disappointment,” he said, contrasting it with the overly hostile tenure of Bukola Saraki. He argued that the legislature, as a symbol of democracy, should objectively check the executive to uphold the rule of law.

He also condemned the handling of Senator Natasha Akpoti-Uduaghan’s sexual harassment suit against Akpabio, calling her six-month suspension “vengeance” that disregards her constituency’s representation. “It shows a selfish and self-centered organization that doesn’t consider the people,” he said, noting public support for Akpoti-Uduaghan in her constituency.

Commenting on the League of Northern Democrats’ coalition, led by Dr. Umar Ardo, to unseat Tinubu in 2027, Sagay doubted its feasibility. “Incumbency is very powerful… Apart from the single case of Jonathan, I can hardly think of any other example,” he said, citing historical trends. He also dismissed former Vice President Atiku Abubakar’s presidential ambitions, suggesting he should retire to an advisory role as an elder statesman. Sagay criticized Atiku’s intent to contest against Tinubu, who supported his 2007 candidacy, stating, “Gratitude is very important… I will feel embarrassed.”

Sagay downplayed APC Chairman Umar Ganduje’s claim that 2027 is a “done deal,” calling it typical political rhetoric. “The PDP said that when they were in power… It’s a typical Nigerian behavior,” he said.

Sagay criticized a Supreme Court ruling on the defection of 27 Rivers State lawmakers, which allowed them to retain their seats despite leaving the Peoples Democratic Party (PDP) for the APC. He called the judgment “wrong” and insufficiently analytical, arguing that sworn affidavits declaring their exit from the PDP should have voided their seats, even if they hadn’t formally joined the APC. “They’re in a limbo… Their seats should have been declared vacant,” he said, noting the ruling encourages defections, as seen in Delta State’s mass defections.

Sagay supported calls to remove the president’s power to appoint the Independent National Electoral Commission (INEC) chairman, endorsing recommendations from the Uwais Report. “The INEC chairman should not be appointed by the president but through a process which should not point to any powerful person,” he said, advocating for constitutional changes to enhance INEC’s independence.

He lamented the state of Nigeria’s democracy, likening it to a human with “stunted growth.” “With each new set of politicians… the quality is going down progressively,” he said, citing declining standards and ethical lapses since 1999. Despite this, Sagay remained optimistic, stating, “When you hit the bottom, you will start coming up… We’re going to rise again.”

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