Division Over Senate Rejection Of EFCC Chairman Magu

Opinions are divided on whether or not Magu can be re-nominated by President Muhammadu Buhari for the post; whether he can still function as acting chairman of the EFCC; and implications of the decision for the anti-graft war.

The Senate’s Wednesday’s rejection of Mr Ibrahim Magu as chairman of the Economic and Financial Crimes Commission, EFCC, is eliciting mixed views in the polity.

Mr Femi Falana said: “The rejection of the nomination of Mr. Ibrahim Magu as the Chairman of the EFCC by the Senate on the basis of a security report compiled by the State Security Service is the height of official ridicule of the office of the President. It is high time the State Security Service was restrained by President Buhari from sabotaging the fight against corruption by the federal government “With respect to the Senate the confirmation hearing hurriedly conducted today is illegal in every material particular.

The participation of many senators who are either under investigation or being prosecuted by the EFCC has vitiated the entire proceedings of the Senate on ground of conflict of interest. It is also a contravention of the Rules of the Senate which stipulates that matters which are sub judice shall not be discussed by the Senate. “However, notwithstanding the rejection of the nomination of Mr. Magu by the Senate the options open to President are clear and straight forward.

They are as follows: ”Mr.Magu’s nomination may be re-presented to the Senate if and when the Federal Government decides to put its house in order. ” Alternatively, the President may allow Mr. Magu to remain the Acting Chairman of the EFCC since he was appointed in that capacity pursuant to Section 171 of the Constitution. ” But if the President is not satisfied with Mr Magu’s performance he is at liberty to appoint another person whose nomination will be forwarded to the Senate in accordance with Section 2 (3) of the EFCC Act, 2004.

In the light of the foregoing, President Buhari is enjoined to ensure that the fight against corruption is not derailed by highly placed corrupt elements who have enlisted the support of fifth columnists and reactionary forces in the government.” Senate cannot direct Magu to hands off, but can reject confirmation—Olanipekun Prominent lawyer, Chief Wole Olanipekun, SAN, said: “I do not want to be quoted incorrectly, I do not want to go into the politics or otherwise of the appointment.

Under the constitution of the Federal Republic of Nigeria, the Senate has the power to either reject or confirm, and once the Senate rejects, that is the end of the matter. But the Senate does not have the power to direct any other person to assume office in acting capacity or in the interim to fill in the gap.

That is the function of the executive. All the Senate can do is to say we reject or we confirm. It has concluded its own constitutional duties by rejecting the confirmation. “What the President can do is for him to appoint somebody in the interim pending when he will send a fresh nominee to the Senate. All what the Senate could do is to say, Mr President, we are expecting your new nomination.

That is all. “To me as a Nigerian and a lawyer, the Presidency should put its house in order because if you look at what is happening, the DSS is under the Presidency, so also the EFCC nominee, so a house divided against itself cannot stand. If the DSS indicted Magu for the second time, there is more to it. The President should this time shop for somebody that will be accepted by the Senate.” President should nominate another person—Fashanu Mr Babatunde Fashanu, SAN, said : “The appointment of the EFCC chairman is under Section 2(3) of the EFCC Act not Section 171 (2) of the CFRN 1999, so it is subject to Senate confirmation.It does not come under Section 171 (2) of the 1999 Constitution as amended at all.

This is because his office is a creation of statute which provides for his appointment and removal. The EFCC Act just says that the appointment is subject to the confirmation of the Senate but silent on how many times the President can re-appoint or re-present his name before the Senate for confirmation. However, it would be politically naïve for the Presidency to represent him for further confirmation having done that twice.

He should pick another person and send his or her name to the Senate for confirmation. I am not ruling out the fact that the President can still appoint him in acting capacity.”

We must not allow the issue derail the fight against corruption – Yusuf Ali Leading lawyer, Malam Yusuf Ali, SAN, said: “My position is that the Constitution has donated power to the Senate to confirm or reject his appointment.

The National Assembly has that power no doubt, the Senate for the second time running has rejected him based on the report of another security arm of government. My view is that Nigeria does not lack credible, hard-working and intelligent men.

We should not give the impression that it is only one man that can do something. For me, we should move on, Nigeria is larger than all of us. So, we should not treat the issue as if we did not appoint someone, Nigeria will come to an end. We should not allow the issue to derail us from the fight against corruption.”