Senators can remove Magu from office only when Saraki is made acting president- Femi Falana says | Welcome to Linda Ikeji's Blog

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Friday, 7 July 2017

Senators can remove Magu from office only when Saraki is made acting president- Femi Falana says

Constitutional lawyer and Humanrights activist, says the only way the senate can remove acting EFCC chairman, Ibrahim Magu, from office would be to wait until Senate President Bukola Saraki is made an acting president.

Falana in a statement released yesterday, described the attempts by the senators to enforce the removal of Magu as illegal. He called on the presidency to disregard every attempt by the senate to remove Magu.


"In view of the foregoing, the implementation of the resolution of the Senate on the removal of Mr. Ibrahim Magu as the acting Chairman of the EFCC should be ignored by the Presidency on account of its apparent illegality. However, the distinguished senators who are desperate to institutionalize official corruption and impunity in the country by removing Mr. Magu from office may have to wait for the planned installation of the Senate President, Dr. Bukola Saraki as the Acting President of the Federal Republic of Nigeria!”he said
Read the full text of his statement below...
Mr. Ibrahim Magu was appointed as Acting Chairman of the Economic and Financial Crimes Commission in November 2015 by President Muhammadu Buhari. The appointment was made by the President sequel to section 171 (1) of the Constitution. After Mr. Magu had acted in that capacity for over a year the Senate refused to confirm his appointment as the substantive Chairman of the EFCC. However, as President Buhari was satisfied with the performance of Mr. Magu he decided to retain him as the Acting Chairman of the EFCC. A couple of days ago, the Senate revisited the matter. In a rather bizarre move, the Senate decided to combine legislative powers with executive functions by passing a resolution which purportedly directed the Acting President, Professor Yemi Osinbajo, SAN, to remove Mr. Magu from the post of the Acting Chairman of the EFCC forthwith. The resolution of the Senate was alleged to have been anchored on section 2(3) of the EFCC Act which provides as follows: “The Chairman and members of the Commission other than ex-officio members shall be appointed by the President and the appointment shall be subject to confirmation of the Senate.” Before passing its resolution the Senate ought to have known from the clear and unambiguous provision of section 2 (3) of the EFCC Act that the it has not been vested with the power to confirm or approve any person appointed by the President to hold office in an acting capacity. To that extent, the resolution of the Senate constitutes an affront to section 171 (1) of the Constitution which stipulates that: “Power to appoint persons to hold or act in the offices to which this section applies to remove persons so appointed from any such office shall vest in the President.” The offices involved are those Head of Service, Secretary to the Government of the Federation, Permanent Secretaries and Heads of extra ministerial departments of the Government. It is further submitted that Section 2 (3) of the EFCC Act relied upon Senate to justify the confirmation of the Chairman of the EFCC is inconsistent with section 171 (2) of the Constitution. Indeed, of all the positions listed in subsection 2 of the Constitution it is only in the appointments of ambassadors and high commissioners made by the President which require the confirmation of the Senate. See section 171(4) thereof. Since the EFCC is an extra ministerial department of the Federal Government the appointment of its Chairman does not require the confirmation of the Senate. In other words, section 2 (3) of the EFCC Act is inconsistent with section 171 (2) of the Constitution. To that extent, the resolution of the Senate based on the EFCC Act is an exercise in futility. Although neither the Presidency nor the Senate has deemed to seek interpretation of the relevant provisions of the Constitution from the Supreme Court the power of the President of the Republic to make certain appointments without the confirmation of the Senate had been challenged. In Festus Keyamo v The President & 4 Ors. (See www.premiumtimesng.com) the plaintiff challenged the appointment of service chiefs without the confirmation of the Senate. The trial court set aside the appointments as the power of the President to appoint service chiefs under section 218(2) of the Constitution is on the ground that the appointments were qualified by section 218(4)(b) thereof which provides that the National Assembly shall have power to make laws for the regulation of "the appointment, promotion and disciplinary control of the members of the armed forces of the Federation." As the Constitution has made the appointments of service chiefs subject to laws enacted by the National Assembly the court was on a terra firma when it ruled that the appointments so made required confirmation in line with the section 18 of the Armed Forces Act. But in the case of Ebun Adegboruwa v Attorney-general of the Federation (Unreported) Suit No:FHC/L/CS/1405/2012 the plaintiff had challenged the appointment of Colonel Hameed Ali (retd) as the Comptroller-General of Customs on the ground it was not made by President Buhari in consonance with a Federal Government Gazette of 1985. The Gazette in question had provided that a new Comptroller-General of Customs must be appointed from the pool of Deputy Comptrollers-General of Customs. In dismissing the action the Federal High Court (per Hassan J.) held that by the combined effect of sections 5 and 171 of the Constitution the provisions of the Gazette could not restrict or limit the powers of the President to appoint the Comptroller-General of Customs from outside the public service. In the same vein, it is crystal clear that section 2 (3) of the EFCC Act cannot subject the appointment of the chairman of the EFCC to Senate confirmation contrary to the provisions of section 171 of the Constitution. In view of the foregoing, the implementation of the resolution of the Senate on the removal of Mr. Ibrahim Magu as the Acting Chairman of the EFCC should be ignored by the Presidency on account of its apparent illegality. However, the distinguished Senators who are desperate to institutionalize official corruption and impunity in the country by removing Mr. Magu from office may have to wait for the planned installation of the Senate President, Dr. Bukola Saraki as the Acting President of the Federal Republic of Nigeria!

19 comments:

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Emmanuel said...

the efcc boss is doing a great work they want to remove him. Doing good to this country intells you losing your job. can't imagine a senate president

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who was charge to court for false declaration of assets, becoming the acting president. we don suffer, God are you really alive?

anonymous said...

On point!!

OSINANL said...

OKAY!

Anonymous said...

Magu is fighting corruption as best as he can, these senators don't mean well for Nigerians at all.

Anonymous said...

Your opinion but Magu is a tool in the hands of Buhari,he is biased and must be removed.#Nonsense

Anonymous said...

Confusion every where.

Anonymous said...

Confusion every where.

NaijaDeltaBabe said...

Hmmm


... Merited happiness

dee boi said...

U want our senators to start going abroad to treat hypertension... dee

Ifeanyi Okoh said...

Go to court for proper interpretation.

Anonymous said...

Those gathering day and night praying for Buharis death, we know you, those trying to cause problems so they can impeach the acting president, God will scatter your plans, death will visit you and your household. You will not know peace, Nigerians are not fools, your Alfas can not save you, even if they make Saudi Arabia their home. You will all be destroyed like Haman.

Anonymous said...

Hmm. That means you want Buhari dead. Chai eeeh... There's God ooo. Osinbajo president and saraki vice.

Anonymous said...

Great work ? How ?

Anonymous said...

When all the senators are olodos that either forged their education certificates or bought it, how can they interpret the law? We know Saraki poisoned Buhari last year at an event. It is documented by European authorities. He will stop at nothing and always throughly the back door. He will end up dying. I was just reading the latest gist on another site about the military late night meetings going on in Zaria by the mid level military boys he bribed in Saudi to do a coup to remove osibajo. He wants to turn the country upside down, not caring who get killed or not. We shall resist him. Greedy bastard.

Anonymous said...

That is the idea Saraki and his folks want to create confusion and take over government, but the Nigerian people of today are way ahead of him. We already know what he is capable and we shall resist him this time. Fucking greedy bastard. We know where is children are we will pour acid on all or them. Wait and watch.

Anonymous said...

Ok


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Ademola Folarin said...

Is Magu the only person qualified to do this job? What's the fixation about? Why are we heating up the polity on petty grand standing? Is there a hidden agenda in all this?

Abdullahi Mohammed said...

By the special grace of God Saraki the curse your father put on you will work would you not stop at nothing to get to Aso Rock let me tell you right here and now the people of Nigeria will fight you every single step on the way stealing from us is not enough you want to become president it won't happen May the Almighty God strike you dead Amen Amen Amen

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