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Despite the rejection of his confirmation by the Senate, Ibrahim Magu
remains the head of the Economic and Financial Crimes Commission, EFCC,
lawyers have said.
The Nigerian Senate on Thursday refused to confirm Mr. Magu as EFCC Chairman, based on “security report.”
The Senate did not clarify what the security report contained amidst
allegations the anti-graft chief was being victimised by senators who
are either being prosecuted or investigated for corruption.
Despite the Senate’s action, however, lawyers say Mr. Magu will still
continue in his position as acting EFCC chairman unless removed by
President Muhammadu Buhari.
The lawyers also said the president can choose to resubmit Mr. Magu’s name to the Senate for confirmation
“He’s still in (office in) acting capacity,” Akinolu Kehinde, a Senior Advocate of Nigeria, said.
“The matter on ground is to confirm him. If the president feels
strongly about his appointment, he will represent his name again for
confirmation.
“However, the law does not say that any appointment from the
presidency must be approved, there are parameters to be met and the
Senate must have a tangible reason for rejecting him”, Mr. Kehinde
added.
For Chidi Odinkalu, the former head of Nigeria’s human rights commission, there are two options available to President Buhari.
“There are only two options here: persuade the Senate to change its
mind and give Mr. Magu a second vote or withdraw the nomination and
nominate someone else,” the lawyer said.
“My suspicion is even preceding either steps, the president needs to
win allies for his idea of fighting corruption, articulate a clear
strategy and persuade the country along. Democracy abhors supermen,” Mr.
Odinkalu added.
Another lawyer, Nzube Akunne, stated that “if such situation arises,
the president may have to resubmit the name back to them for
confirmation; by the time the president presents it three times and it’s
being rejected, he can go ahead and appoint him.”
“It’s the president that appoints, it’s his prerogative power. Confirmation is just a procedural issue. By the law, he still remains
the acting chairman till the president makes his next move,” Mr. Akunne
said.
Also, a law professor and chairman of presidential advisory committee
on corruption, Itse Sagay, said Mr. Magu would remain in office whether
or not he is confirmed by the Senate.
“Whether they like it or not, he (Magu) will be there. His
chairmanship will keep on being renewed,” Mr. Sagay said in an interview
with The Interview magazine.
“Since Nuhu Ribadu left, we have not had a man with such sterling
qualities as Ibrahim Magu and whether they like it or not, Magu will be
there until he completes his term under the law.”
EFCC chairpersons are appointed for a four-year renewable term.
The Senate’s rejection of Mr. Magu’s nomination marked the end of
months of delay to act on President Muhammadu Buhari’s request.
The Presidency requested the Senate to confirm Mr. Magu’s nomination
in July through a letter signed by Vice-president Yemi Osinbajo in his
capacity as the acting president when Mr. Buhari was away on a medical
trip.
Mr. Magu’s rejection by the Senate is considered a slap on the
president who has touted anti-corruption campaign and recovered looted
funds as one of the major achievements of his administration.
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