David-Chyddy Eleke in Awka
The International Society for Civil Liberties and the Rule of Law (Intersociety), a rights group based in Onitsha, has accused Prof. Itse Sagay (SAN) and his colleague silk, Femi Falana, of usurping the functions of the Attorney General of the Federation (AGF) and Minister of Justice through their comments.
The group said by giving opinions on legal matters to the federal government and to Nigerians, the lawyers were performing the functions of the AGF.
Speaking through its Chairman Board of Trustees, Mr. Emeka Umeagbalasi, in a statement made available to journalists in Awka, Anambra State, the group said such legal opinions were the major cause of the feud between the executive and the Senate lately.
It maintained that such opinions had misled the executive in some of its actions and decisions.
Part of the statement read: “The power of the Chief Law Officer of the Federal Republic of Nigeria or the Federation; particularly in matters of unbiased, sound and public oriented legal opinions as well as respect and enforcement of the rule of law and governance policies and procedures and chief crime prosecutor; are clearly vested in the AGF. This is by virtue of Sections 150 and 174 of the 1999 Constitution.
“We at Intersociety, are worried over mindless and rapacious institutionalisation and cementation of personal legal opinions and biases in the art of public governance in Nigeria particularly since June 2015.
“Apart from clear takeover of the constitutional powers and functions of the AGF by some lawyers particularly those holding the non-academic title of “Senior Advocates of Nigeria,” such personal legal opinions and biases have gravely emboldened the presidency of Nigeria and forced same to partly or wholly abandon the Constitution and laid down conventions in executive recklessness and blunders particularly in matters of temporary and substantive appointment of certain persons as “public office holders” in the presidency or executive arm of government.
“It is unheard of in a sane democratic society that a public office holder appointed in acting capacity would remain so endlessly since 2015. What then is ‘acting capacity?’
“The list of presidential recklessness and blunders in the appointment of its public office holders is endless.”
The group added that the personal legal opinions of the two are also considered biased and undemocratic on account of their undue influence and emboldening of the presidency in its clear acts of executive recklessness and blunders.
It, however, commended the Senate for what it called bold steps taken in resisting interferences from the executive arm of government.
