Human rights lawyer, Femi Falana (SAN) has said the Senate should shelve all plans to remove the acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu.

He, however, said the Senate can have its way when Senate President Bukola Saraki becomes the acting President.

Falana said this in a statement on Thursday.

The senior advocate maintained that the acting Chairman of the EFCC did not need the confirmation of the Senate.

The statement read in part, “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 institutionalise 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!”

www.punchng.com/magu-can-be-removed-when-saraki-becomes-acting-president-falana/

jumobi1:
Falana is the next AG when PYO becomes PreZ

fineboynl:
this falana guy should shut up. the Senate have the right to confirmed muga or not as the chairman of EFCC.

here is the zoo constitution

147.

(1) There shall be such offices of Ministers of the Government of the Federation as may be established by the President.

(2) Any appointment to the office of Minister of the Government of the Federation shall, if the nomination of any person to such office is confirmed by the Senate, be made by the President.

(3) Any appointment under subsection (2) of this section by the President shall be in conformity with the provisions of section 14(3) of this Constitution:-

provided that in giving effect to the provisions aforesaid the President shall appoint at least one Minister from each State, who shall be an indigene of such State.

(4) Where a member of the National Assembly or of a House of Assembly is appointed as Minister of the Government of the Federation, he shall be deemed to have resigned his membership of the National Assembly or of the House of Assembly on his taking the oath of office as Minister.

(5) No person shall be appointed as a Minister of the Government of the Federation unless he is qualified for election as a member of the House of Representatives.

(6) An appointment to any of the offices aforesaid shall be deemed to have been made where no return has been received from the Senate within twenty-one working days of the receipt of nomination by the Senate.

psucc:
Even as a laymen, the NASS has powers to reject or even sacked any member of the executive.

Falana, Malami, Sagay are rather promoting executive rascality and impunity. Hope when the chips are down, they'll also identify with Buhari in failure of success of his government?

psucc:
Even as a laymen, the NASS has powers to reject or even sacked any member of the executive.

Falana, Malami, Sagay are rather promoting executive rascality and impunity. Hope when the chips are down, they'll also identify with Buhari in failure of success of his government?

fineboynl:
this falana guy should shut up. the Senate have the right to confirmed muga or not as the chairman of EFCC.

here is the zoo constitution

147.

(1) There shall be such offices of Ministers of the Government of the Federation as may be established by the President.

(2) Any appointment to the office of Minister of the Government of the Federation shall, if the nomination of any person to such office is confirmed by the Senate, be made by the President.

(3) Any appointment under subsection (2) of this section by the President shall be in conformity with the provisions of section 14(3) of this Constitution:-

provided that in giving effect to the provisions aforesaid the President shall appoint at least one Minister from each State, who shall be an indigene of such State.

(4) Where a member of the National Assembly or of a House of Assembly is appointed as Minister of the Government of the Federation, he shall be deemed to have resigned his membership of the National Assembly or of the House of Assembly on his taking the oath of office as Minister.

(5) No person shall be appointed as a Minister of the Government of the Federation unless he is qualified for election as a member of the House of Representatives.

(6) An appointment to any of the offices aforesaid shall be deemed to have been made where no return has been received from the Senate within twenty-one working days of the receipt of nomination by the Senate.

SuperS1Panther:



Oga is Magu a Minister? or did you attend night school or miracle exam centre?

jumobi1:


I don't know if hey can sack a cabinet member but they can surely reject him. They better give us a good reason.

On your second point. It's not impunity. It's what the constitution states. I've read the constitution and I agree with Falana and co. I know I could be wrong but I don't see how I am.
I think EFCC chairpersons should be confirmed by the Senate but for that to be mandatory, it should be put in the constitution.

fineboynl:
any appointment and not elective is a ministerial office.

SuperS1Panther:

According to iPod tout English or Biafrau.d constituion dictionary. abi?
Jesus Wept.

fineboynl:
this falana guy should shut up. the Senate have the right to confirmed muga or not as the chairman of EFCC.

here is the zoo constitution

147.

(1) There shall be such offices of Ministers of the Government of the Federation as may be established by the President.

(2) Any appointment to the office of Minister of the Government of the Federation shall, if the nomination of any person to such office is confirmed by the Senate, be made by the President.

(3) Any appointment under subsection (2) of this section by the President shall be in conformity with the provisions of section 14(3) of this Constitution:-

provided that in giving effect to the provisions aforesaid the President shall appoint at least one Minister from each State, who shall be an indigene of such State.

(4) Where a member of the National Assembly or of a House of Assembly is appointed as Minister of the Government of the Federation, he shall be deemed to have resigned his membership of the National Assembly or of the House of Assembly on his taking the oath of office as Minister.

(5) No person shall be appointed as a Minister of the Government of the Federation unless he is qualified for election as a member of the House of Representatives.

(6) An appointment to any of the offices aforesaid shall be deemed to have been made where no return has been received from the Senate within twenty-one working days of the receipt of nomination by the Senate.

rottennaija:
Good plan... PMB is out of the country and PYO is also out of the country, then Senate president saraki is declared acting president, even if it is 30 minutes.

Immediately, he sacks Magu from office. Nice idea

fineboynl:
so you don't even know how ur zoo constitution works?

joe4real12:

Then appoint another person, sends his name to Senate for confirmation and he's confirmed immediately.

#smoothoperation

rottennaija:


You mean another person the Senate and governors can control? The ones that will not look into the Paris fund fraud by governors it's Magu we want, it's Magu that will be there

rottennaija:


No one is saying the Senate has not right to confirm anyone. Fine, they don't want to confirm Magu, the President says, okay, we still want Magu, he will remain in acting capacity.

The President reserves that right. But the Senate wants to force the president to sack Magu or else, they would not confirm other nominees

fineboynl:
Good. magu cannot continue as acting for more than 3months, the zoo constitution does not recognized muga as acting after a limited time.