GoodGovernance:


Be guided.

The court ruled on only issues brought before it.

The President still has powers to retain Magu in Acting capacity ,in accordance with the constitution which is superior to the EFCC act.:

171. (1) Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the President.
(2) The offices to which this section applies are, namely -
(a) Secretary to the Government of the Federation;
(b) Head of the Civil Service of the Federation;
(c) Ambassador, High Commissioner or other Principal Representative of Nigeria abroad;
(d) Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the Government of the Federation howsoever designated; and

It would be pertinent here to distinguish an “extra -ministerial department ” from a “ Commission” , which the EFCC is . No one can apply any of the various canons of statutory construction to equate “ an extra-ministerial department” , usually tied to the apron strings of a particular Ministry, such as the National Institute for Freshwater Fisheries Research (NIFFRI) , with a “Commission ”, such as the Independent National Electoral Commission ( INEC ), established with in-built autonomy, to perform an assignment of national , in contradistinction to a particularistic, interest . The EFCC cannot , and should not be to the Ministry of Justice what Radio Nigeria is to the Ministry of Information and Culture, or what a General Hospital is to the Ministry of Health, for instance !
While “ an extra-ministerial department” ( mentioned in Section 171 of the Constitution ) is a miserable appendage of a Civil Service Ministry and is usually susceptible to the whims and caprices of its political head, the Minister , a “Commission ” is a well-neigh autonomous or fully autonomous institution , headed by a puissant functionary (Chairman ), vested with substantial powers to carry out certain functions of national interest. Such a Chairman (like the Chairman of INEC , for example) is NOT a lickspittle or toady in his relations to the President by virtue of the latter ’s powers to appoint and remove the former. This explains why all the five Commissions and Councils created by Section 153 ( 1) of the Constitution are headed by Chairmen appointed by the President , subject to confirmation of the Senate , under Section 154 thereof . If the Constitution , in Section 154, provides that all the Chairmen of Corporations must be appointed by the President, subject to confirmation by the Senate , one wonders why the chairman of INEC should be the odd man out .

Is Magu the only Nigerian qualified to occupy that office?Why is Buhari so clueless and incompetent?Is Buhari above the law?Can't he look for another Nigeria to chair efcc?Buhari is intellectually blind and as such he can't see a better replacement.

lol



useless corrupt saratthief,ekWEREmadcow sponsored kangaroo' court
na today corruption start dey fight back?


dead on arrival...


I will vote buhari again

I'm not sorry ..no apology





THE GUILTY ARE AFRAID_James Hadley Chase!


thanks

Alariiwo:


Anti-corruption war of course..

Over 70% of those senators are under investigation by Magu, Saraki inclusive.

They want Buhari to appoint a puppet they can control. But guess what.. the West (US, UK and co.) are behind Magu.

why did you even bothet explaining to him iposhit!...I don't waste my time trying to get anything into a BLOCKED HEAD!!!


you ought to have Ignored him rightly

sanpipita:


Is it the senate that submitted the dss report against magu?

Magu’s rejection not based on DSS report — Saraki

Senate President Bukola Saraki has said the Senate did not reject the acting Chairman of the Economic and Financial Crimes Commission, Mr. Ibrahim Magu, because of a damning report issued by the Department of State Services which questioned Magu’s integrity.


The Senate President was reacting to a claim by a former Senate Majority Leader, Ali Ndume, who said last week that it was hypocritical of the Senate to allow Saraki to continue in office because he was in court to defend corruption allegations.

Ndume had argued that the Senate should not have rejected Magu based on unproven allegations.

Saraki said, “You are jumping into conclusion that he (Magu) was rejected because of the accusation. I don’t think there was anywhere we said he was rejected based on accusations.

“We have nominees that come all the time with different issues. Two weeks ago, we screened the Chief Justice of Nigeria and he scaled through

http://punchng.com/magus-rejection-not-based-on-dss-report-saraki/

You mean the fake and bogus report by the DSS?

Well, sorry to burst your bubble, the same Senate via the Senate president himself changed tune and admitted that they did not reject Magu based on the bogus DSS report (After getting caught).


They've changed their story report to some meaningless screening and what they can not explain exactly to the general public what was screened and what they found.

If it wasn't DSS report, then what?

Do you know?

These are crooks trying everything possible under the sun to have a friendly EFCC chairman to corrupt and give them get out of jail free cards.

Asking crooks on trial and under investigation by the EFCC to approve the same EFCC boss and a prosecutor is like asking armed robbers on trial to pick their own favorite judges.


Regardless your tribal or political affiliation, this is not good for you and Nigeria, there's got to be a better way.

Omololu2121 drpost=64701309:
what's the motive behind his(magu) rejection?

Bro sit down first then use your head. Think a little, having rights does not equal qualification. Cameroon has the right to be at Russia 2018 but did they qualify?

onlyhandsome202:


Prof. Saqqy told him to continue using maggu and thats what is going on. next is to ignore the ruling and move on with maggu.

Stupid courts of Bureau-De-Change! Sinator-catching Maggu hated by corrupt loving Nigerians. Governed by deaf PMB. stup, stupi, stupid....

baralatie:

do you recognise the implication of running an authorized personnel to run an arm of govt?
do you know the gravity of the offence at all?

.Good question adreesed to d wrong person.Ask Buhari pls

deomelllo:




Before arriving at the conclusion your first paragraph stated, you should first show us the part of the Constitution that negates the powers of the acting chairman of the efcc or that stipulates time and duration to serve as acting chairman.

Do you even know who is handling Magu's case at the presidency? VP Proof Osinbajo, a lawyer and First grade SAN. They know the law.

Fake Pastor VP Osinbajo will be the cause of Buhari's failure at leadership and governance then.

Who does not know that Osinbajo designed Tinubu's officialized looting of Lagos State since 1999 till date?

Who does not know that Osinbajo is working to Tinubu's failed agenda to corner the Senate and National Assembly from Bourdillon?

Who does not know that Magu is not crime fighting, he is merely, like mere commissioner VP, harassing and trying to intimidate perceived enemies of Tinubu and the Oba of Lagos Rilwan Akiolu who tutored him in police subversion, bribery and corruption for illicit political coercion?

The court has spoken, if Buhari likes let him keep renominating Magu, that renomination itself is corrupt.

enimooko:
Stupid courts of Bureau-De-Change! Sinator-catching Maggu hated by corrupt loving Nigerians. Governed by deaf PMB. stup, stupi, stupid....

How won't you be abusing bureau de change when your public funds guzzling fulani herdsmen president is paying the foreign medical bill of his brain dead 300 thousand dollars powerbike riding son from Nigeria's central bank funds?

Dullardeen dunce

Alariiwo:


Anti-corruption war of course..

Over 70% of those senators are under investigation by Magu, Saraki inclusive.

They want Buhari to appoint a puppet they can control. But guess what.. the West (US, UK and co.) are behind Magu.

Smh until now how many corruption cases have they won in court? Those they claim stole our money are walking freely now, you think it's all about the media trial they have been doing to gather fame?

[s]

TijaniAbu:


Fake Pastor VP Osinbajo will be the cause of Buhari's failure at leadership and governance then.

Who does not know that Osinbajo designed Tinubu's officialized looting of Lagos State since 1999 till date?

Who does not know that Osinbajo is working to Tinubu's failed agenda to corner the Senate and National Assembly from Bourdillon?

Who does not know that Magu is not crime fighting, he is merely, like mere commissioner VP, harassing and trying to intimidate perceived enemies of Tinubu and the Oba of Lagos Rilwan Akiolu who tutored him in police subversion, bribery and corruption for illicit political coercion?

The court has spoken, if Buhari likes let him keep renominating Magu, that renomination itself is corrupt.

[/s]



No time allocation for ignorant, unintelligent, angry, bitter and disgruntled ipob losers.

Alariiwo:


The Nigerian Senate has been compromised.. it's nothing more than a den of thieves now.

So whatever act you're quoting has been rendered null and void.

Name one politician that is not corrupt and I will show you a thousand and one police DPO
that is not corrupt.
In which part of the world are you residing. Magu was once a police officer in Nigeria and not in the UK
We should stop deceiving our self in this country.and start embracing God not by going to
Sleep in the Church or mosque.
If any of you reading this my text feel that he is not corrupt should tell me any bad word he feel
or insult me and let see how it goes. It is not a threat but an experiment.
Belonging to any cult is an act of curruption of the highest order.

Alariiwo:


Anti-corruption war of course..

Over 70% of those senators are under investigation by Magu, Saraki inclusive.

They want Buhari to appoint a puppet they can control. But guess what.. the West (US, UK and co.) are behind Magu.

You just dey type rubbish up and down. And some mumu dey like your posts.

'US and UK are behind magu'. Does this make any sense?
What concerns US or UK in Nigeria internal affairs, especially, trivial issue like this?
Inferiority complex.

baralatie:

how was it rendered null and void?
was there another law that suspended the efcc act or replaced the act?

Don't follow that one drag issue jare.
Na ignorant.

Alariiwo:


That act is flawed.
Efcc chairmanship need not require Senate confirmation.

An anti-graft agency with the power to investigate anybody should stand alone without external influence. Not even Senate.

See reasonging with your yansh.. lol. You like EFCC, but dont like the legal statue establishing it?? Zombie partisan followers have been romancing stupidity since 1914

Alariiwo:


That act is flawed.
Efcc chairmanship need not require Senate confirmation.

An anti-graft agency with the power to investigate anybody should stand alone without external influence. Not even Senate.

it's comments like these that encourage anarchy. I might as well say the law is compromised, so i can go ahead and commit crimes without recourse to anyone. It really is saddening to see how you tacitly encourage the dictatorial tendencies we all cried about during GEJ's tenure using DSS to harass the opposition. Shameful

deomelllo:




You rightfully quoted the Senate's constitutional obligation to confirm or reject executive nominations, but not the executive powers and prerogative to nominate and keep nominating any candidate they desire including Magu.


There is no law under the Nigerian constitution that says the executive cannot keep nominating and sending the same candidate for confirmation.


The Senate is free to keep rejecting Magu, it is their choice per the constitution, but they can not prevent the executive from nominating the same Magu over and over and over and over again.


Bottomline, this ruling means a lot to the Senate, but it means nothing to the President of Nigeria and it doesn't say and can never say the President of Nigeria can not renominate the same candidate.


Now, the Senate should never be allowed to approve heads of agencies like EFCC especially considering the fact that many members of the Senate are under investigation by the same EFCC/Magu, even the Senate president himself.

It's like asking the armed robber to pick and chose his own favorite prosecutor and deciding Judge. It's called conflict of interest.

The Senate by the deciding to place an embargo on Executive nomination approval is unconstitutional and illegal blackmail, they have to do their job which is to confirm or reject nominees.

The President per his powers and equal powers regarding separation of powers has the upper hand and al the Senate can do is to keep saving face with meaningless court judgments and tantrums.

The Nigerian Senate in it's present form is rubbish, unfocused, corrupt, materialistic, self-serving and incompetent.

So who tells you that members of the Executive cannot be corrupt or under investigation? For Buhari to keep appointing same person, it means he has hidden agenda. Either to shield his corrupt ministers and aides from investigation or to use magu to pursue his vendetta mission against his perceived enemies.

It is Unfortunate, Nigeria has experienced military rule for long, that is why many of you still have this kind mentality.

In the developed presidential democracy, this is what that must be experienced. It shows we are maturing gradually.
This is how you will know whether your lawmakers are the puppets of the president or not. Do you want rubber stamp legislators like those at the state level?

Have you ever wondered why the constitution says some appointees of the president must be confirmed by the legislature? It is a way of checking the president from appointing people of questionable characters. Mind you, Senate's action is based on the reports of DSS concerning magu.

What upper power are you saying Buhari has?
In fact, he is toying with impeachment. He would be impeached and nothing will happen.

Let him keep appointing magu, and Senate will keep rejecting him. It will become illegal for him to act as the chairman of the EFCC.

deomelllo:



I still don't see the illegality here.

We both agree that the Senate can confirm and reject candidates, but where is the Nigerian constitution that says the president can not renominate the same candidate?

Show us the part of the Nigerian constitution that says the president can not renominate the same candidate.

I know the reason why many of you are on the side of the Senate per Magu, it's all because of politics, tribalism, bigotry and so on, but asking accused people on trial and under investigation to decide and pick their own favorite prosecutor is not good for you in the long run, not good for any country and their institutions.

Which kind favorite prosecutor are you talking? Did Senate choose who to be nominated for Buhari?

deomelllo:




You rightfully quoted the Senate's constitutional obligation to confirm or reject executive nominations, but not the executive powers and prerogative to nominate and keep nominating any candidate they desire including Magu.


There is no law under the Nigerian constitution that says the executive cannot keep nominating and sending the same candidate for confirmation.


The Senate is free to keep rejecting Magu, it is their choice per the constitution, but they can not prevent the executive from nominating the same Magu over and over and over and over again.


Bottomline, this ruling means a lot to the Senate, but it means nothing to the President of Nigeria and it doesn't say and can never say the President of Nigeria can not renominate the same candidate.


Now, the Senate should never be allowed to approve heads of agencies like EFCC especially considering the fact that many members of the Senate are under investigation by the same EFCC/Magu, even the Senate president himself.

It's like asking the armed robber to pick and chose his own favorite prosecutor and deciding Judge. It's called conflict of interest.

The Senate by the deciding to place an embargo on Executive nomination approval is unconstitutional and illegal blackmail, they have to do their job which is to confirm or reject nominees.

The President per his powers and equal powers regarding separation of powers has the upper hand and al the Senate can do is to keep saving face with meaningless court judgments and tantrums.

The Nigerian Senate in it's present form is rubbish, unfocused, corrupt, materialistic, self-serving and incompetent.

The Senate can sack the President, but the President cannot sack the Senators.
The Senate can make your President kneel down to save his office but the Senators will only smile and move on

That is why we should vote responsible people into both chambers since they have the ultimate power to do and undo

It is stunning that we have people on here defending the propagation of illegality by a govt. The EFCC acts, which is the blood of the commission, states that a president should nominate the commission's chairman, SUBJECT, to confirmation by the Senate! Why was this caveat "subject to" inserted here?

Saying a rejected candidate by the Senate should continue functioning is akin to saying a minister that is not confirmed by the Senate should continue acting as a minister! In which context, situation, society and culture is this acceptable or even remotely right?

Some argue the senate's action is to protect their corruption investigation. Is EFCC the only corruption fighting institution the executive has to pursue corrupt people? Also, if Magu should drop dead today, would it not be the same executive that would nominate another strong willed and minded anti corruption czar to prosecute corrupt people, including members of the Senate, if need be? If need be, won't the executive be able to nominate someone else not amenable to the dictates of the Senate if the fear is that the senate wants their puppet as EFCC chairman?

I find it extremely troubling that a simple procedure like "subject to confirmation" rules are so grossly abused in Nigeria. It's like the executive saying the powers of confirmation vested in the Senate for certain appointments are meaningless and cherry pick those to obey and those to ignore.

The question then is: If they feel there is no need for senate confirmation, why was this caveat, subject to confirmation, stated in the act?

We should be mindful of setting a precedent which successive governments can follow. When this happens no one must complain. After what is sauce for the geese....

deomelllo:




This is not about PMB, this is about strong, good and independent institutions where accused people on trial and under investigations are not allowed to pick their own favorite prosecutors, weaken, corrupt and undermine our crime-fighting institutions.


Regardless how you feel about the president, this is something you should avoid by any means necessary.


There are little or no EFCC convictions today simply because of our weak and corrupt institutions like the judiciary where politicians pick their own lawyers, judges and even preferred court locations like Ibori did when he moved his own case to his own state, even build his own court and picked his own judge hence escaping justice, but thank God, justice prevailed in the UK where they don't have weak and corrupt institutions.

Stop playing petty bigotry and tribalism with your future.

Let me tell you what you don't know, if EFCC performs well, it all depends on the president. EFCC as it is today, is s tool in the hand of president.
That Ibori case you're referring to is because he had the backing of this same Aso rock.
The influence of the presidency on the Judiciary cannot be over emphasized. Weak institutions you're talking about is as a result of dominance of the president..What we are saying now is that the legislature whose one of its functions is oversight of the Executive should not be overshadowed by the same presidency.
If magu is eventually appointed whose bidding do you think he will be doing? Is it not that of Buhari?

princechurchill:
Welcome to zoogeria where some cabals are above the law

I have officially welcome you as a monkey to our zoo.

May God help my Country Nigeria.

How can Nigeria Ever develop with all broad day light pretence, With all these lies we tellin ourselves

chai Nigeria. herdsmen re deir killing pple writing letters to taraba dat dey re coming to kill dem. una dey here still dey talk abt magu... God go punished all of una.

Alariiwo:


The Nigerian Senate has been compromised.. it's nothing more than a den of thieves now.

So whatever act you're quoting has been rendered null and void.

To your type every other person is a thief except buhari, the same buhari that at every instance the excuse is that he is been misinform,not aware or not in control,some of you your zombism is without cure.

deomelllo:




You rightfully quoted the Senate's constitutional obligation to confirm or reject executive nominations, but not the executive powers and prerogative to nominate and keep nominating any candidate they desire including Magu.


There is no law under the Nigerian constitution that says the executive cannot keep nominating and sending the same candidate for confirmation.


The Senate is free to keep rejecting Magu, it is their choice per the constitution, but they can not prevent the executive from nominating the same Magu over and over and over and over again.


Bottomline, this ruling means a lot to the Senate, but it means nothing to the President of Nigeria and it doesn't say and can never say the President of Nigeria can not renominate the same candidate.


Now, the Senate should never be allowed to approve heads of agencies like EFCC especially considering the fact that many members of the Senate are under investigation by the same EFCC/Magu, even the Senate president himself.

It's like asking the armed robber to pick and chose his own favorite prosecutor and deciding Judge. It's called conflict of interest.

The Senate by the deciding to place an embargo on Executive nomination approval is unconstitutional and illegal blackmail, they have to do their job which is to confirm or reject nominees.

The President per his powers and equal powers regarding separation of powers has the upper hand and al the Senate can do is to keep saving face with meaningless court judgments and tantrums.

The Nigerian Senate in it's present form is rubbish, unfocused, corrupt, materialistic, self-serving and incompetent.

The law preceded this Senate n this group of senator n magu will not be there forever,so what you saying is rubbish n purely sentimental.

deomelllo:



I still don't see the illegality here.

We both agree that the Senate can confirm and reject candidates, but where is the Nigerian constitution that says the president can not renominate the same candidate?

Show us the part of the Nigerian constitution that says the president can not renominate the same candidate.

I know the reason why many of you are on the side of the Senate per Magu, it's all because of politics, tribalism, bigotry and so on, but asking accused people on trial and under investigation to decide and pick their own favorite prosecutor is not good for you in the long run, not good for any country and their institutions.

so you keep nominating n the
Senate keep rejecting isn't that stupidity, is magu the only northerner or Muslim to head efcc?,keep supporting what is clearly wrong out of sentiments.

Alariiwo:


The Nigerian Senate has been compromised.. it's nothing more than a den of thieves now.

So whatever act you're quoting has been rendered null and void.

lolsss I've followed your argument on this issue and if we should concur with you that means national assembly should be scraped because according to you they are useless. Above all there is no law in Nigeria anymore. I weak for you bro

deomelllo:








You mean the fake and bogus report by the DSS?

Well, sorry to burst your bubble, the same Senate via the Senate president himself changed tune and admitted that they did not reject Magu based on the bogus DSS report (After getting caught).


They've changed their story report to some meaningless screening and what they can not explain exactly to the general public what was screened and what they found.

If it wasn't DSS report, then what?

Do you know?

These are crooks trying everything possible under the sun to have a friendly EFCC chairman to corrupt and give them get out of jail free cards.

Asking crooks on trial and under investigation by the EFCC to approve the same EFCC boss and a prosecutor is like asking armed robbers on trial to pick their own favorite judges.


Regardless your tribal or political affiliation, this is not good for you and Nigeria, there's got to be a better way.

You mean a report written by an agency under the Presidency is bogus? do you realize the implications of DSS writing a damning report against the President's nominee, no matter how well we mean for Nigeria we will fail if we don't adhere to our laws and constitutions, Magu should cease to be efcc chairman, lets not be emotional about it

deomelllo:



I still don't see the illegality here.

We both agree that the Senate can confirm and reject candidates, but where is the Nigerian constitution that says the president can not renominate the same candidate?

Show us the part of the Nigerian constitution that says the president can not renominate the same candidate.

I know the reason why many of you are on the side of the Senate per Magu, it's all because of politics, tribalism, bigotry and so on, but asking accused people on trial and under investigation to decide and pick their own favorite prosecutor is not good for you in the long run, not good for any country and their institutions.

Why must it be Magu that should be EFCC chairman? I mean is there nobody in this country that can still do the jop?