1

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

Like I said earlier, I'm not a lawyer and don't understand these things. But if there are 2 arguments on this matter, no need for the name-callings and 'I-know-it-all' stance, the court should be allowed to decide. If it was clearly conveyed in the constitution, no 'stupid' lawyers would raise their heads against it... Meanwhile it is because there are numerous of such loopholes in the constitution begging for interpretation, that is why no single 'big man' ever gets convicted in Nigeria especially because they have the (stolen) resources to hire several SANs to come dig-up such loopholes to their benefit.

And yeah, lest I forget, it is the duty of the NASS to make these things clearer in the constitution; it is their job to clear the ambiguity.

omogumel:
[color=#990000][/color]i beg sey na only magu dey ni?
y can't FG present another person?

what if they continue to reject the ones he presents for confirmation? they should leave the effcc chair position vacant isn't it?

OlaMiki:
see foolish and senseless comment below.... so pathetic

D pathetic thing here is how dumb most of u are.. Why won't basic comprehension skills b a problem for most of u wen u first talk before thinking...

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??

My broda help me ask most of d mofos who jus support anything at all without even thinking about it. I has become obvious most of dem didn't read or didn't understand d post at all.. Why continually waste ur tym and d tym of Nigerians reforwarding d names over and over again for it to b rejected over and over again?

bionixs:
how many yams have they returned so far and where are they? Magu couldn't give the exact figure. fighting corruption without accountability. sorry my brother

how many yam have they returned so far and where are ?? When most of the yam are subject to litigations, I can't comment on that. 2) if the yam are returned, at the due time, a comprehensive data will be released for public scrutiny. 3) I detests corruption of any kind. 4) I hope u get my point! please buy ur whistle n blow if need be.

to me dis shows how useless our so called constitution is d big men and looters knows dis dats y dey won't want a solution to d problems of Nigeria called 1999 constitution

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??

Indeed if the FG feels it is not obliged to obey the EFCC Act, then let it go to seek legal interpretation from the Courts. It only a court of competent jurisdiction that can declare a law inconsistent with the provisions of the constitution and not His Excellency The Vice President of the Federal Republic.

deantimes:


http://www.socialtimesng.net/2017/04/we-can-re-present-magu-for-confirmation-osinbajo/

With due respect to the Vice President I do not think the section 171 allows the President to appoint the EFCC Chairman without recourse to the Senate.

For the avoidance of doubt I am quoting section 171 of the Constitution

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
(e) any office on the personal staff of the President.
(3) An appointment to the office of the Head of the Civil Service of the Federation shall not be made except from
among Permanent Secretaries or equivalent rank in the civil service of the Federation or of a State.
(4) An appointment to the office of Ambassador, High Commissioner or other Principal Representative of
Nigeria abroad shall not have effect unless the appointment is confirmed by the Senate.
(5) In exercising his powers of appointment under this section, the President shall have regard to the federal
character of Nigeria and the need to promote national unity.
(6) Any appointment made pursuant to paragraphs (a) and (e) of subsection (2) of this section shall be at the
pleasure of the President and shall cease when the President ceases to hold office;
Provided that where a person has been appointed from a public service of the Federation or a State, he shall be
entitled to return to the public service of the Federation or of the State when the President ceases to hold office

Unless the Vice President equates the office of the EFCC Chairman to that belonging to the class of section (e), that is a personal staff,
the EFCC Act can not be said to be in conflict with the Constitution as regards the need for the Senate to confirm the appointee of Mr President
for the post of the EFCC Chairman

gabi87:



What about where head of agencies was mentioned in the constitution?

The EFCC,as an agency,was unknown to the Constitution until it was setup by the NASS via their lawmaking powers.
Same as ICPC,NDDC,CBN.These few agencies I mentioned all go through confirmation process for their principals,cos that's what their enabling laws say.
Let me quote the said Chapter 6,Part 1,Section 171.
I'm sure you can read and comprehend well,so nobody confuses you.
To wit:
Section 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
(e) any office on the personal staff of the President.


(3) An appointment to the office of the Head of the Civil Service of the Federation shall not be made except from among Permanent Secretaries or equivalent rank in the civil service of the Federation or of a State.

(4) An appointment to the office of Ambassador, High Commissioner or other Principal Representative of Nigeria abroad shall not have effect unless the appointment is confirmed by the Senate.

(5) In exercising his powers of appointment under this section, the President shall have regard to the federal character of Nigeria and the need to promote national unity.

(6) Any appointment made pursuant to paragraphs (a) and (e) of subsection (2) of this section shall be at the pleasure of the President and shall cease when the President ceases to hold office; Provided that where a person has been appointed from a public service of the Federation or a State, he shall be entitled to return to the public service of the Federation or of the State when the President ceases to hold


Note: The EFCC is not listed anywhere here nor is it an Extra-Ministerial Department,and subsection 2 is quite particular that this section applies only to the offices listed therein

OlaMiki:
if you claim u voted for an idiot , then u must be d greatest idiot to do that

Amu ewu

obailala:
Like I said earlier, I'm not a lawyer and don't understand these things. But if there are 2 arguments on this matter, no need for the name-callings and 'I-know-it-all' stance, the court should be allowed to decide. If it was clearly conveyed in the constitution, no 'stupid' lawyers would raise their heads against it... Meanwhile it is because there are numerous of such loopholes in the constitution begging for interpretation, that is why no single 'big man' ever gets convicted in Nigeria especially because they have the (stolen) resources to hire several SANs to come dig-up such loopholes to their benefit.

And yeah, lest I forget, it is the duty of the NASS to make these things clearer in the constitution; it is their job to clear the ambiguity.

The courts had already decided.Or you didn't see the case law he laid before you?

Dhugal:

The courts had already decided.Or you didn't see the case law he laid before you?

Was the decision on this very case? Didnt know this particular case had been taken to court and judgement passed.

deantimes:


[b]
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[/b].”


http://www.socialtimesng.net/2017/04/we-can-re-present-magu-for-confirmation-osinbajo/

U can see dia mindset


Someone who was indicted by dss.
Proffesor of law.

President Osinbajo, please re-present Magu!

We need more drama in the senate. After the rejection, just go ahead and begin a scandal on Saraki's certificate. Or may be Ekweremadu this time around.

For all those who clamour for magu's subtitute remember that only one of two will follow. Either that substitute will compromise and bow to the powers of the Senate (survival of looters) or proves difficult to handle(survival of Nigerians) and thereby ignite fresh vicious cicle of conflict of interest . This the dilemma the presidency is facing on our behalf. Like or share

Dirty osinbajo, dirtier Magu

michoim:


Speak for yourself only. This government is the most honest and transparent government ever. Only those who are of the truth can see it...

Very well said just that people have sworn to hate PMB.

Dumb shii

baganas:
For all those who clamour for magu's subtitute remember that only one of two will follow. Either that substitute will compromise and bow to the powers of the Senate (survival of looters) or proves difficult to handle(survival of Nigerians) and thereby ignite fresh vicious cicle of conflict of interest . This the dilemma the presidency is facing on our behalf. Like or share

Thank you very much for this submission! Only the wise will read in between the lines and understand the real obstacles to fight against corruption in this country.
After the evil forces dealt a blow to Ribadu and suceeded in getting rid of him, Lamorde came on board and in a bid to avoid suffering the same fate of Ribadu, he became a puppet to the corrupt rich politicians and EFCC was nearly not heard of throughout his tenure. The same forces are fighting tooth and neck to discredit and disqualify the ever fearless Magu to facilitate the installation of another puppet whom they will use to kill the fight against corruption.

obailala:
Was the decision on this very case? Didnt know this particular case had been taken to court and judgement passed.

Stop being intentionally obtuse.
The case was about executive appointments,barring those personal staff listed in section 171,and the need for Senate confirmation and the courts have answered that in the affirmative

Dhugal:

Stop being intentionally obtuse.
The case was about executive appointments,barring those personal staff listed in section 171,and the need for Senate confirmation and the courts have answered that in the affirmative

Apparently, it's still an ambiguous section, hence why it's still being debated by some. When the constitution is reviewed and that area updated to clarify it in black and white, no one would bother debating it anymore, neither will any one bother taking the matter to court.

The EFCC act is not at loggerhead with the constitution

The only way to bypasse the EFCC act is to set the act itself aside or change the law

Femi Falana and Osibanjo should stop reading the law upside down !

This matter will soon go to court.

Secondly what kind of law professor is Osibanjo? Does he not know that it will be criminal of Buhari to interfere with DSS report?

Did u c dt part dt says heads of any extra ministerial dept,howsoeva designated.

obailala:
Apparently, it's still an ambiguous section, hence why it's still being debated by some. When the constitution is reviewed and that area updated to clarify it in black and white, no one would bother debating it anymore, neither will any one bother taking the matter to court.

Nothing ambiguous about the section,it's as clear as the noonday.
Personal staff,Perm secs and executive heads of departments without tenure get appointed without confirmation,They serve at the pleasure of the president.Ambassadors and ministers are,however,subject to confirmation.They don't just serve the president,but the nation as well.
Heads of agencies set up by law,however,does not come under purview of the section.They get covered by their establishment Acts and have tenure.
The president just nominated members of CBN board for confirmation this evening,under the CBN Establishment Act.
Like I said in my initial post,simple Govt 101 and your VP flunked it.
Not gonna say much on that perpetual job seeker,Femi Falana.

Why don't you need Re presentation of Magu? Only THIEVES, looters, saboteours and corrupt headed Nigerians don't e.g most politicians -senate/H of Reps , former governors, DGs only to mention a few.