​VICE-PRESIDENT Yemi Osinbajo has declared that there is no law in the Nigeria Constitution stopping the Presidency from representing the Acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, as substantive chairman.

Osinbajo, a Professor of Law and Senior Advocate of Nigeria, made this known while speaking with journalists at the Presidential Villa.

He added that the Presidency is fully in support of Magu emerging as the substantive chairman of the EFCC.

He said: “It is up to the Senate to make their judgement and it is up to us say what we want to do.

“If our candidate is rejected, we can re-present him.

“No law says we can’t re-present him.

“And again, there is the other argument, whether or not we need to present him for confirmation and that’s a compelling argument from Femi Falana.

“His argument is that under the constitution, section 171, and if you look at that section, it talks about the appointments that the president can make.

“They include appointments of ministers, ambassadors and heads of agencies such as the EFCC.

“In that same section 171, the constitution rightly said that certain appointments must go to the Senate such as ministerial and ambassadorial appointments.

“Those of heads of agencies like the EFCC do not have to go to the Senate.

“That’s what the constitution says.

“But the EFCC Act, which of course as you know is inferior, says that EFCC chairman should go to the Senate for confirmation.

“I am sure that even a pocket book lawyer knows that when a legislation conflicts with constitution, it’s the constitution that prevails.

“I agree with Mr. Falana that there was no need in the first place to have sent Magu’s name to the Senate, but we did so and it was rejected by the Senate, but I believe that it can be re-presented.

“I don’t think there is anything wrong about the fact that Senate has rejected him.

“Senate has acted in its own wisdom to say ‘no, we don’t want him’, and we can say ‘this is our candidate… we like the gentleman and we want him to continue.’”

Speaking on report of the Department of State Services that indicted Magu, Osinbajo said President Muhammad Buhari could have interfered with the DSS report if he wanted to, but that he decided to hear Magu’s own account, after which he felt convinced to retain the anti-graft czar.

Osinbajo said: “We should commend the President for not interfering with what the DSS said.

“The DSS came up with a report and the man who was accused refuted it.

“He explained and gave a reason.

“When that happened, the President looked at what Magu said and what the DSS wrote and he said: ‘I am satisfied with what Magu said.’

“He then decided to retain Magu as the nominee for EFCC.

“I don’t see any reason why that should be contested.

“The President has not interfered with what the DSS said.

“If he wanted to interfere, he would have ordered the DSS to keep quiet.

“He didn’t do that, but he said: ‘I don’t think the DSS report is meritorious enough to withdraw his nomination.’

“The President reserves the right to say: ‘this is who I want.’

“I’m fully in support of Magu as the EFCC chairman just as the President is.”

It could be recalled two weeks ago, the Senate stopped the confirmation of Resident Electoral Commissioners of the Independent National Electoral Commission in protest of the decision of the executive to retain Magu as the head of the EFCC.

Nbote:
Jus listen to dis ppl.. By d tym dis govt is done with us, we probably won't tell d difference between change and chains.. Since there was no need to present him to the Senate in the first place, den jus go ahead and confirm him urselves instead of wasting d tym of Nigerians, d Senate and dat of urselves..

olalat:
waste the time of nigerians! Hell no. i rather advise you dont easte your time on something that do not concrrn you much unless you have our yams in your bern. I wish you could understand at the same speed you comment before reading.

yerilistik:
This is good !
Magu must continue whether they like it or not.
We know that corruption is really fighting back but with perseverance and resilience this fight against corruption must be won because every other progress in this country depends on it.
With the fantastically corrupt judiciary and the legistlative arms it's not going to be easy but with God on our side, this country will survive all the wicked forces uniting to derail the fight against corruption.

Please click "like" if you believe and "share" if you don't

ehissi:


 If the enabling act that creates EFCC and determines who and how the Chairman is appointed and should operate, what stops the Chairman of the EFCC from disregarding every other clause as contained in the EFCC act. After all, they are Inferior to the constitution.

Stupid lawyers arguing with themselves in a mirror.......

I am not even a lawyer but it pains me when a lawyer is willing to stand truth on its head for political gain.....

This matter has already been duly resolved in the case of Festus Keyamo VS President and 4ORS. That judgement gave a clear interpretation on what Federal government shouldnt do with respect to appointment.

The Federal government under President Jonathan and previous administrations used to abuse this provision of the Constitution to appoint service Chiefs for military but keyamo was able to challenge this because the enabling acts establishing the armed forces require confirmation from the NASS for such persons to operate in full capacity. Hence, until they are confirmed by the NASS, they are declared as Acting-Chiefs/Heads/Chairman.


The Constitution allows him to be appointed without recourse to the National Assembly, but the enabling act of the EFCC - that creates the EFCC and well as determines the scope and powers of it operation - does not allow him to operate as Chairman without Confirmation from the National Assembly and that is why he is called the "Acting-Chairman" and not Chairman of the EFCC.

They are free to lie to themselves and Zombies alike but that doesnt change the truth.........


http://icirnigeria.org/keyamo-to-sue-jonathan-mark-over-illegal-appointment-of-service-chiefs/


Also, the Senate House rules, that guides their conduct and operations doesnt permit the Senate to consider Magu for the Job of EFCC Chairman, which explains why they are not even planning on sending Magu back to the Senate.


Order 131 of the Senate Rules states that, ”nominations neither confirmed nor rejected during the session or within 21 working days in the case of ministerial nominees shall be returned by the Clerk to the National Assembly to the President of the Federal Republic of Nigeria and shall not again be made to the Senate by the President of the Federal Republic of Nigeria"

Magu can be considered for confirmation for any other Job except that of EFCC chairman. So they are free to say whatever suits them, the law is clear

dolphinife:
The EFCC act says the chairman should be presented to the Senate

The constitution says he shouldn't be presented

And whenever the act and the constitution clashes, the constitution gains preeminence....

When they know this, why do they keep sending his name to the Senate for confirmation??

dolphinife:
The EFCC act says the chairman should be presented to the Senate

The constitution says he shouldn't be presented

And whenever the act and the constitution clashes, the constitution gains preeminence....

When they know this, why do they keep sending his name to the Senate for confirmation??

Because they are clueless