Atiku Should Retire From Politics, Be An Elder Statesman — Prof. Itse Sagay (SAN)

*Describes Federal High Court Decision Sacking Umahi As Strong and Good Law
*Comments on Buni’s Removal; Says It’s “Healthy Development” For the APC
*Plays Down on Yahaya Bello’s Presidential Ambition, Says He is Not Qualified

The Chairman of the Presidential Advisory Committee Against Corruption (PACAC) and renowned Professor of Law, Prof. Itse Sagay (SAN), has commented on a flurry of contemporary National issues in a recent interview with Independent.

Prof. Sagay who is also social commentator and elder statesman in the recent interview, expressed his opinion on issues such as the recent decision of the Federal High Court, Abuja, sacking the Governor of Ebonyi State and his Deputy respectively for defecting from the PDP to the APC, the removal of Governor Mai Mala Buni as Acting National Chairman of the APC, the leading Presidential Aspirants of the APC, as well as comments by Former Vice President Atiku Abubakar on zoning the country’s presidency.

On the judgement of the Federal High Court which sacked the Governor of Ebonyi State and his Deputy, Engr Dave Umahi and Dr. Kelechi Igwe respectively, Sagay traced the rationale behind the decision to the Supreme Court’s holding in Amaechi’s case. He hinted that the decision reached by Hon. Justice Inyang Ekwo involved a level of judicial legislation as the constitution only provides for lawmakers to lose their seats upon defection, and the decision in the Ebonyi case impliedly extended that provision to Governors.

“The constitution specifically stated that when an elected member of the national assembly changes from one party to another, he will lose his seat and will have to recontest it, unless there is a split in his party and a faction of it decides to join another party. That is the provision of the constitution. No reference was made to governors. So, what this judge has done is to extend to governors a provision which is specifically addressed to national assembly . In my view, there is a little bit of judicial legislation going on here because governors were not mentioned in the constitution even though I don’t know why that was so. However, the principle that if you are elected on the platform of one party, you shouldn’t change to another party without resigning is a good one.  I don’t know why governors were not mentioned but federal lawmakers and state house of assembly members were mentioned. I think it was an unfortunate omission that the governors were not included. But I agree with the judge that the same principle applies, both as a principle of law and morality that it is party that is elected and not the candidate. It is a Supreme Court decision and he is also trying to say that the principle in the constitution that if you are elected on the platform of one party, you shouldn’t change to another party without resigning, which is applicable to national assembly members should also be applicable to governors who are both elected people. I agree with the judge on the ruling.”

He further stated that there is a fairly good chance that the judgement will be sustained by the Court of Appeal because it is in line with a subsisting Supreme Court precedent in Amaechi’s case.

On the leadership drama rocking the ruling All Progressives Congress which recently led to the removal of Yobe State Governor, Mai Mala Bunias Caretaker Chairman of the party, Sagay described it as a healthy development to the party. Stating that the Governor was no longer working for the interest of the party but to foster some selfish interests which is detrimental to the party.

According to him, Buni’s removal is a very healthy development for the APC. As the party can now look forward to a proper convention for the election of the new party leadership. After that, we can have a proper convention for the primaries.

“Buni is a man is who has too many axes to grind and instead of working for the interest of the party which asked him to do a six months job but he turned it into a permanent job. He had too many unknown agenda which he was slowly carrying out. So, it was clear to all that he was no longer operating on behalf of the party but for his own selfish interests.  His removal to me is a very good news and I believe we can now make progress as a party.”

Sharing his thoughts on the APC Presidential primary and the leading aspirants in the party, he described the trio of – Bola Ahmed Tinubu, Vice President Yemi Osinbajo and Rotimi Amaechi as eminently qualified to fly the party’s flag at the poll next year. He furthered, “These men are my party people. I don’t want any indication that I supported anyone of them against the other. Let me put it this way, if anyone of these three men, Asiwaju Tinubu, Osinbajo or Amaechi is nominated as the presidential candidate of APC, I will be happy. They are all very good candidates and I  have no preference among the three. Let them compete at the primaries and let the best among them fly the APC ticket.”

He however downplayed the Presidential ambition of Kogi State Governor, Yahaya Bello, saying the Governor of the North Central State does not qualify for the Presidential league.

Still on the 2023 Presidential election, the Senior Advocate of Nigeria responded to comments attributed to Former Vice President and Presidential hopeful, Atiku Abubakar that the principle of zoning is not recognized by Nigeria’s constitution. According to Sagay, Atiku’s statement was borne out of his selfish interest to contest the Presidency in 2023. He berated the 2019 Presidential candidate of the PDP for not admitting that it is equitable and fair that power be rotated across the various federating units.

“My take is that Atiku is speaking for himself. What he is saying is for his own benefit. Anything he prescribes, he puts himself first. Otherwise, if a person wants to be fair and wants the unity of this country and wants to recognise that each part of the country should exercise power and be a full member of the federation, he won’t say zoning should be disregarded. His statement was borne out of selfish reasons because he wants to contest again in 2023. It just shows really that he cannot be a good leader. He is not saying it out of principles but because of selfishness.”

He advised Atiku to give up his Presidential ambition and join the league of Elder Statesmen who can lend objective counsel for the growth and progress of the nation

“The problem of this country is that the leadership has been mainly one that operates in their own interest rather than that of the country. We are tired of that. Why can’t he be an elder statesman like myself. I won’t call myself a statesman but at least, I am an elder. Why can’t he join the group of elder statesmen and be proffering objective advice to the country? He should cancel himself out of the equation and think of the country. He should be proposing things that will help this country and make us stronger and progress as a nation. He should express views which will be respected because not only of his status or age, but because he is not saying it out of personal interest since he is no longer participating. I think he will do a lot more good if he joins that group of elder statesmen instead of running again. This will be his third attempt. He ran under Action Congress (AC), he also ran under PDP. In between, he has contested under APC in 2014 and other several parties. There is a time to say ‘I’ve had enough’. I’ve reached an age where I will advise younger ones. This is the time to quit and be an objective adviser or a father figure for this nation’. Atiku shouldn’t be proposing wrong policies for selfish ends. My advice to him is that he should retire from politics and be an elder statesman.”