The Chairman of the Presidential Advisory Committee Against Corruption, Prof. Itse Sagay (SAN), has written to the Senate President, Bukola Saraki, over plans by the Senate to invite him.

Sagay, a former Dean of the Faculty of Law, University of Benin and Obafemi Awolowo University, Ile-Ife, urged the Senate to shelve any plans to invite him, saying he would be forced to take legal action if the upper legislative chamber did not back down.



The Senate had, last week, proposed to invite Sagay over the comments he made during an interview with The PUNCH in which he described senators as childish and irresponsible for refusing to screen 27 Resident Electoral Commissioners because President Muhammadu Buhari had failed to sack the acting Chairman of the Economic and Financial Crimes Commission, Mr. Ibrahim Magu.

The Senate described Sagay’s comments as condemnable and subsequently referred the matter to the Committee on Ethics and Privileges for further action.

However, in a letter titled ‘Re: Resolution summoning me to appear before the Senate’ and addressed to the Senate President, Sagay maintained that the Senate lacked the authority to summon him.

The senior advocate said he has the right to freedom of expression and any attempt by the Senate to summon him would be an infringement of his rights.

The letter read in part, “My attention has been drawn to the well publicised resolution of the Senate, summoning me to appear before it to justify my criticism of the illegal call on President Muhammadu Buhari to sack Mr. Ibrahim Magu, the acting Chairman of the EFCC.

“My criticism was anchored on Section 171(1) of the Constitution, which has empowered the President to appoint any person to hold or act in the office of the head of any extra-ministerial department of the Federal Government.

“Although I have not been served with any summons from the Senate, I deem it fit to take issue with members of the Senate over the threatened violation of my fundamental right to freedom of expression guaranteed by Section 39 of the Constitution of the Federal Republic of Nigeria, 1999 as amended and Article 9 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act (Cap A9) Laws of the Federation of Nigeria, 2004.”

He said Section 88 of the 1999 Constitution only empowers the National Assembly to summon persons while conducting investigation into the affairs of the Federal Government with a view to promoting good governance and curbing corruption or while making laws.

“However, the power to conduct enquiries is not at large. Thus, by virtue of Section 88 (1) & (2) of the 1999 Constitution the National Assembly shall have power to direct or cause to be directed investigation into the conduct of any person, authority, ministry or agency of the Federal Government subject to the provisions of the constitution,” Sagay said.

The PACAC chairman cited three cases that had been settled in court as regards the power of the National Assembly to summon people.

He noted that Section 82 of the 1979 Constitution is in “pari materia with section 88 of the 1999 Constitution”.

While citing Mallam Nasir El-Rufai vs The House of Representatives, National Assembly of the Federal Republic of Nigeria & Ors. (2003) 46 WRN 70, Sagay noted that the Court of Appeal subjected Section 88 of the 1999 Constitution to a critical judicial interpretation.

Sagay recalled that Justice George Oguntade, who was at the time, a Justice of the Court of Appeal, read the lead judgment.

The judgment read in part, “The crucial question that follows is this: when the 1st defendant (House of Representatives) sent the letter of 20/3/2002 to the Plaintiff (el-Rufai) to appear before its Ethics and Privileges Committee, was it engaged in the making of a law within its legislative competence or to expose corruption and inefficiency in a public department?

“Clearly, the answer is in the negative. It is apparent that the 1st plaintiff was intent on taking further steps following its antecedent determination. That this was the intention of the 1st defendant, which is made clear by the opening paragraph of the letter which stated that the plaintiff had published defamatory matters concerning it.”

The senior advocate stated that members of the Senate, who were appalled by his interview in The PUNCH, could sue him for defamation but anything to the contrary would be in breach of the law.

Sagay said, “Applying the principle of law, enunciated in the above cited cases, I am fortified in my submission that the Senate lacks the constitutional power to summon me to justify my condemnation of the illegal actions of its members.

“The Senate cannot be accuser, prosecutor and judge in its own case. However, any aggrieved member of the Senate has the liberty to sue me for defamation in a competent court of jurisdiction.

“Consequently, I urge you to withdraw the resolution summoning me to appear before the Senate. If you fail to accede to my request, I will not hesitate to challenge the legal validity of the summons, once it is served on me.”




http://punchng.com/sagay-threatens-to-sue-senate-over-proposed-summons/

Sagay put yr self together and go and see them leave court out
Abi you dey fear

The Senate will never summon the leaders of Fulani herdsmen or debate on how to end the killings by this herdsmen ,


The don't care about every day issues affecting Nigerians.


Every action taken by our Sinators is only about enriching their Corrupt selves and protecting their Corrupt images

It is the wrong decisions those up there are making that is contributing to bad state of Nigeria's economy.

lol.....



person wey wan die jam person wey go kill am.

don't mess with a professor of law

but seriously, don't they have anything better to do?

can't someone speak his mind freely again ni

limeta:
Sagay put yr self together and go and see them leave court out
Abi you dey fear

Sisters na dis kind talk make Buhari say make women dey remain for the Oda Room
Why Sagay go go meet dem?


As a Nigerian, Him no get right again to criticise our corrupt Sinators?

The 8th senate as failed woefully

So anyone that see things in different way would be summoned?

Sagay I know you are up to task

Be careful sire there won't be support up there oooo

Pls sir thread softly

Alot wants to fight for Mr president

But he won't be there to help you when you run into trouble waters

limeta:
Sagay put yr self together and go and see them leave court out
Abi you dey fear

Why will he appear b4 them, does he owe them any explanation as regards his fundamental human right of expression?These SINators have assumed themselves to be untouchable while violating other people's right,they want to silence everyone that does not stand on the same page with them yet,they will call PMB tyrant.
By the time Pa Bubu begins wield his hammer on them every pro corruption individual will start crying fowl.Let them continue with their legislaTHIEVE rascality pa bubu is watching them with a nod on his

Pieromania:
Why will he appear b4 them, does he owe them any explanation as regards his fundamental human right of expression?These SINators have assumed themselves to be untouchable while violating other people's right,they want to silence everyone that does not stand on the same page with them yet,they will call PMB tyrant.
By the time Pa Bubu begins wield his hammer on them every pro corruption individual will start crying fowl.Let them continue with their legislaTHIEVE rascality pa bubu is watching them with a nod on his

My brother anyone that will opposed pmb is a hero to


Enemies of state

Just when we thought the era of ignoramuses ruling us was over, now we're faced with this Power drunk Senate. I blame Buhari sha ..for not wanting to meddle with the affairs of other government arms. Nigeria is not ripe for that yet. He should have taken a cue from Obj.


Meanwhile , If you have giftcards( ITunes and Amazon ) for sale , you can contact me at my signature.

sarrki:
The 8th senate as failed woefully

So anyone that see things in different way would be summoned?

Sagay I know you are up to task

Be careful sire there won't be support up there oooo

Pls sir thread softly

Alot wants to fight for Mr president

But he won't be there to help you when you run into trouble waters

Can't believe this comment is coming from a BMC. Buhari cares for no one but himself which is disgraceful because a real leader is suppose to be selfless.

Sagay while not opposed to d truth about your civil human rights and liberties, be rest assured that the man u seek to project and defend won't protect you from the senate when shiit finally hits the fan.
Nb: (Magu is a case study)

This Saraki's 8th senate is just making a mockery of our National Assembly. Slowly they're forgetting why they were elected in the first place and started running after bush meat up and down.


Very soon they'll start summoning individuals from different social media platforms to explain the insults over their incompetence.Silly criminals

Nigeria senate : 80% of f**ls!!

Please take legal Action against them. We are waiting, for it's GOOD for learning.

That will be the first major job of Onnoghen to report to Nigerians.

Sagay go ahead and see them. Old man talking recklessly​ without wisdom

SmartchoicesNG:
Sagay go ahead and see them. Old man talking recklessly​ without wisdom

It's better than a sociopath young man

BMC crew on it again..... This is how ur were hailing Buhari for all his tyrannical acts then and u can see where it lead him

Pieromania:
Why will he appear b4 them, does he owe them any explanation as regards his fundamental human right of expression?These SINators have assumed themselves to be untouchable while violating other people's right,they want to silence everyone that does not stand on the same page with them yet,they will call PMB tyrant.
By the time Pa Bubu begins wield his hammer on them every pro corruption individual will start crying fowl.Let them continue with their legislaTHIEVE rascality pa bubu is watching them with a nod on his

Keep it up... u ar doing a great job!
He should not appear at all... Let the drama continue till 2019

criticism was welcomed in Jonathan.but now what are we seeing both in the executive and legislative arms.

Let me be through with this my mebendazole analysis will comment later

Pieromania:
Why will he appear b4 them, does he owe them any explanation as regards his fundamental human right of expression?These SINators have assumed themselves to be untouchable while violating other people's right,they want to silence everyone that does not stand on the same page with them yet,they will call PMB tyrant.
By the time Pa Bubu begins wield his hammer on them every pro corruption individual will start crying fowl.Let them continue with their legislaTHIEVE rascality pa bubu is watching them with a nod on his

Yr bag of bones baba

BREAKING NEWS - Kogi State blogger Austin Okai has been arrested by Federal SARS operatives on the order of kogi State Governor, Yahya Bello for being critical of his administration.
They are currently taking him to Government House Lokoja for interrogation and Detention...
Change is Here...PLS SHARE UNTIL HE IS RELEASED BY THE TYRANT.