However, Sagay told Punch during an interview on Sunday that although he could not say if there was a case against Jonathan or not yet, the ex-President could be held liable if it could be established that Jonathan made illegal approvals for funds to be paid into other people’s accounts.
He said if, for instance, it could be established that Jonathan gave the Central Bank of Nigeria a directive to pay someone money and the person was not deserving of that money, then the ex-President could be indicted.
Sagay, who is a Senior Advocate of Nigeria, added, “Only the EFCC can say if Jonathan is culpable. Guilt in criminal law requires proof and there must be evidence. So, what I would say is that if a case can be established against Jonathan as regards public funds, then he has a case to answer.
“I don’t know if that has been done. I have not seen anybody who says he was given the money by Jonathan himself although one can say that instructions to any institution that public funds should be released to other people for purposes, which those funds were not designated, is in itself a criminal affair.