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Presidency Drags Senate To Supreme Court Over Magu, Others - Politics - Nairaland

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Presidency Drags Senate To Supreme Court Over Magu, Others by mmb: 6:00am On Jul 17
The Presidency has reiterated its stance that certain federal appointments should not require the Senate's confirmation.


It said the refusal by the Senate to confirm the appointment of the acting chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, had more to do with politics than with the law.

This is the position of a legal advisory prepared by judicial and legal experts as a working document in the Presidency on the differences in the constitutional interpretations on matters of certain federal appointments

The Senate had on July 4 passed a resolution suspending all issues relating to the confirmation of nominees and urged Acting President Yemi Osinbajo to respect the constitution and laws as they relate to nominees' confirmation.

But the presidency's legal advisory, concluded that a judicial pronouncement, "preferably by the Supreme Court, is what will settle the matter."

A government source noted Sunday night that though it was the view of the Presidency that certain federal appointments should not require the confirmation of the Senate based on Section 171 of the Constitution, the present administration had continued to send such appointments to the Senate pending the ultimate judicial interpretation of the matter.

According to the source, "The advisory which affirms the powers of the President to appoint in acting capacity into positions such as the EFCC chairmanship, also notes that in the recent past, the ministerial nomination of Late Prof. Abraham Babalola Borishade (Ekiti State) by President Olusegun Obasanjo was rejected repeatedly by the Senate. In fact, it would be recalled that this particular nomination was presented four times in 18 months before it was eventually confirmed by the Senate.

The source, who sought anonymity, said the advisory unearthed a ruling of the Supreme Court on the matter where the current Chief Justice of the Federation, before his elevation as CJN had ruled in line with the view of the presidency on the matter.

He said it was inaccurate to say the federal government or the presidency had started to act unilaterally on its own interpretation of Section 171.

He said: "This is because, even after the Acting President, (who spoke when he was Vice President in support of the view of some leading lawyers) the Presidency has continued to send nominations to the Senate both while the President himself was around and while away by the Acting President.

"Since the time the Acting President spoke and when Senate recently expressed its disagreement we have been sending nominations severally including into the INEC and other boards and commissions. So we are clearly not acting unilaterally based on our own interpretation of the law, even though we believe firmly we are right.

"Here is the point, the presidency believes that Section 171 is clear that certain appointments do not require Senate consent, but the presidency is not already behaving as if it's interpretation of the law has become a policy.

"The presidency is persuaded that its interpretation is the correct one, but we are conscious and aware of the fact that only a proper judicial ruling on the matter would make it a settled policy that sits right with the rule of law. That is why we have not stopped sending all manners of nominations to the Senate, most of which the Senate has actually confirmed, even well after the Acting President spoke.

"In fact the conclusion of the legal advisory on the matter is very clear that a judicial pronouncement preferably by the Supreme Court is what will settle the matter. According to that legal advisory the divergent positions being held by the Executive and the Legislature on the subject of confirmation is one that requires timely and ultimate resolution. Such resolution could only be reached through judicial process. Such interpretation would lay to rest the lingering crises between the two arms."

https://www.dailytrust.com.ng/news/politics/presidency-drags-senate-to-supreme-court-over-magu-others/205711.html

5 Likes 1 Share

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by YourImaginaryBF: 6:06am On Jul 17
this corrupt senate has refused to confirm Magu because there are currently 8 lawmakers, Senate President inclusive, that have cases with the EFCC. Not confirming magu meant limiting his powers.

37 Likes 5 Shares

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by Atiku2019: 6:09am On Jul 17
Power Tussle wink

Well Atiku 2019

7 Likes 3 Shares

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by samkay3g(m): 6:20am On Jul 17
they should just find someone else now, is he the only one capable?

40 Likes 3 Shares

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by Goddex: 6:25am On Jul 17
This BUHARI govt is a shame and massive disgrace

39 Likes 2 Shares

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by Atiku2019: 6:27am On Jul 17
conductor16:

This plebic spammer Nigeria hasn't survuved 2017 and you're talking 2019. undecided undecided

Nigeria ends in 2017? grin grin

I hope you've passed this message to your Local Government Chairman, Your state house of Assembly Members, Your State Commissioners, Your Representatives at the National Assembly and Your Governor wink

3 Likes

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by conductor1a: 6:40am On Jul 17
Atiku2019:


Nigeria ends in 2017? grin grin

I hope you've passed this message to your Local Government Chairman, Your state house of Assembly Members, Your State Commissioners, Your Representatives at the National Assembly and Your Governor wink
Except for incitement of violence and religious riots, I know it takes months for any useful information to get to the remote north.

Keep hallucinating in your lofty dreams, keep dreaming of Niger Delta oil money to embezzle while the zoo is already on the ground cheesy cheesy

15 Likes 1 Share

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by Atiku2019: 6:43am On Jul 17
conductor1a:

Except for incitement of violence and religious riots, I know it takes months for any useful information to get to the remote north.

Keep hallucinating in your lofty dreams, keep dreaming of Niger Delta oil money to embezzle while the zoo is already on the ground cheesy cheesy

Lol Who is Hallucinating here grin grin..

3 Likes

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by Integrityfarms(m): 6:45am On Jul 17
Am still confused about what's the magical wand that Magu possesses and how he is irreplaceable

9 Likes

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by chris4gold(m): 6:47am On Jul 17
Story for the godz
Re: Presidency Drags Senate To Supreme Court Over Magu, Others by mmb: 6:47am On Jul 17
Goddex:
This BUHARI govt is a shame and massive disgrace
Biafran Spotted.

17 Likes 1 Share

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by conductor1a: 6:50am On Jul 17
mmb:
Biafran
Yes. Biafrans are known for saying the truth unlike One Nigeria asslickers. Half human half zombie, popularly known as Afonja wink cheesy

31 Likes 1 Share

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by mmb: 6:52am On Jul 17
conductor1a:

Yes. Biafrans are known for saying the truth unlike Nigeria asslickers. Half human half zombie.

Afonja wink cheesy
e pain you.

6 Likes

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by conductor1a: 6:54am On Jul 17
mmb:
e pain you.
You sure you well so? cheesy cheesy

25 Likes 2 Shares

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by dannytoe(m): 6:54am On Jul 17
Keep dragging, very soon they will drag senate to london to meet bubu.

1 Like

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by dannytoe(m): 6:55am On Jul 17
mmb:
e pain you.
Ewedu Afonja spotted.

19 Likes

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by CoolFreeday(m): 6:55am On Jul 17
I am beginning to dislike this Senate even more than before. Bunch of corrupt old men.

2 Likes

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by mmb: 6:57am On Jul 17
conductor1a:

You sure you well so? cheesy cheesy
you don't see any good in charismatic Buhari/Osinbajo govt.

2 Likes 1 Share

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by mmb: 6:57am On Jul 17
dannytoe:
Ewedu Afonja spotted.
yes! proudly afonja

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Re: Presidency Drags Senate To Supreme Court Over Magu, Others by OKDnigeria: 7:00am On Jul 17
YourImaginaryBF:
this corrupt senate has refused to confirm Magu because there are currently 8 lawmakers, Senate President inclusive, that have cases with the EFCC. Not confirming magu meant limiting his powers.
Removing Magu will not kill the cases. The next EFCC chair will continue from where Magu stopped. In fact, keeping Magu there as acting chairman man has keeping things slow in EFCC. Check it naa, and since he was rejected by the Senate, he has been so dull. What has he done since that time? Nothing. If the presidency had replaced with another competent hand (there are many other people who can do the job, Magu is not the only one), we would have moved past this stage since. Why insist on Magu if not for superiority contest?

17 Likes

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by conductor1a: 7:04am On Jul 17
mmb:
you don't see any good in charismatic Buhari/Osinbajo govt.
The only thing I see is Buhari's used daiper falling on you soon cheesy

10 Likes

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by YourImaginaryBF: 7:07am On Jul 17
OKDnigeria:

Removing Magu will not kill the cases. The next EFCC chair will continue from where Magu stopped. In fact, keeping Magu there as acting chairman man has keeping things slow in EFCC. Check it naa, and since he was rejected by the Senate, he has been so dull. What has he done since that time? Nothing. If the presidency had replaced with another competent hand (there are many other people who can do the job, Magu is not the only one), we would have moved past this stage since. Why insist on Magu if not for superiority contest?
I just tire. Magu could have brought someone along and make him efcc chair. Teach him all he needs know and tell him what he needs do. This way he could be in the efcc, not as chair. And still do his job because the spotlight is not focused on him.

2 Likes

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by amjoseph19: 7:17am On Jul 17
YourImaginaryBF:
this corrupt senate has refused to confirm Magu because there are currently 8 lawmakers, Senate President inclusive, that have cases with the EFCC. Not confirming magu meant limiting his powers.
They swear for una ni?
Zombiism is real.
The indictment report of corruption written against Magu, who wrote it? Wasn't it DSS (Executive) that wrote it?
Amongst 200million ppl is Magu the only one that can head EFCC?.
BTW, which case has Magu ever won in court for over 2 yrs of constant noise making in the media.
Has saraki not been acquitted of all charges?

20 Likes

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by Blue3k(m): 7:22am On Jul 17
Finally the showdown begins. I have my bets on Senate winning the case. The Presidency is going to catch am L over Magu. The EFCC act says this board needs. The act doesn't contradict constitution either. There's already set precedent with all sorts of positions. This case is dead and magu might be on his way out.

The presidency is persuaded that its interpretation is the correct one, but we are conscious and aware of the fact that only a proper judicial ruling on the matter would make it a settled policy that sits right with the rule of law. That is why we have not stopped sending all manners of nominations to the Senate, most of which the Senate has actually confirmed, even well after the Acting President spoke.

Contradiction much tongue. If the office only exist under the NASS assembly act then the rules they make govern it. Hence why the position are confirmed. All these commissions were made after 1999 would they have to amend constitution?

4 Likes

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by Okoroawusa: 7:25am On Jul 17
All I know is that there is something Magu knows or is doing right for d senate to reject him.

no be nigeria we dey?

6 Likes

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by Ibifizzleboy(m): 7:25am On Jul 17
what a country.

1 Like

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by iamnlia(m): 7:26am On Jul 17
Very good.
The cabal controls the Senate and is trying to suppress Magu so as to slow down investigations and hearings.

I hope they don't control the courts too...

1 Like

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by Blue3k(m): 7:47am On Jul 17
In fact, it would be recalled that this particular nomination was presented four times in 18 months before it was eventually confirmed by the Senate.

The big question before the court is can you keep someone who's been rejected in acting capacity. Does the presidency have that right. Resubmitting sane name over and over is cool. That's simply a war of attrition.

2 Likes

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by skywalker495: 8:12am On Jul 17
Country of dramas
Re: Presidency Drags Senate To Supreme Court Over Magu, Others by veekid(m): 8:20am On Jul 17
This magu case na fire by force o

1 Like

Re: Presidency Drags Senate To Supreme Court Over Magu, Others by lonelydora(m): 8:20am On Jul 17
I stand with Magu. I support anything that goes against the Senate, whether they are right or wrong.

Scrap Senate and see how fast Nigeria will develop.

2 Likes 1 Share

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