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Magu As Acting Efcc Chairman For At Least 4 Years, Is Constitutional! - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / Magu As Acting Efcc Chairman For At Least 4 Years, Is Constitutional! (578 Views)

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Magu As Acting Efcc Chairman For At Least 4 Years, Is Constitutional! by GoodGovernance: 12:22pm On Mar 16, 2017
Although no one should be indispensable,but the conspiracy against Magu in view of his stepping on so many toes,would make any sane individual to support his continuous and continual stay in office,so as not to set any bad precedent of potential and future blackmail of seemingly hardworking and non-compromising public officials.

The constitution is very clear on the legality of MAGU's continual stay in office,if the president so desires.I am not a lawyer but sometimes I just wonder how some lawyers,especially a very particular one that is notorious for representing in court, corrupt politicians and a governor from the south west ,get their SAN designation.


PRESIDENTIAL POWERS:


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.


Many respectable SANs including Falana ,share my position that only the president can remove MAGU as the acting EFCC chairman.The constitution remains superior to any other stance or act of parliament,whether original or amended!!!!!!!!


Interesting fact:


The EFCC act which although is inferior to the constitution ,only requires the chairman of the EFCC to be confirmed by the senate.No mention of the acting head of an extra-ministerial department like EFCC, which the constitution expressly empowers the president to appoint or remove!

More over the required confirmation is not time bound,nothing in the inferior act stops the president from re-presenting Magu for confirmation, continually, until 4 or 8 year tenure. grin

The senate might not have confirmed Magu as the Chairman of EFCC,but the president has constitutionally appointed him as the acting chairman/head of EFCC.
Re: Magu As Acting Efcc Chairman For At Least 4 Years, Is Constitutional! by Young03(m): 12:25pm On Mar 16, 2017
cant imagine the faces of some governors n senators right now
Re: Magu As Acting Efcc Chairman For At Least 4 Years, Is Constitutional! by thinkdip(m): 12:26pm On Mar 16, 2017
DSS said someone is corrupt and you people are here still defending him or is it not the same DSS you people were supporting when Judges were arrested?

Emancipate yourselves from mental slavery,
none but ourselves can free our mind
Re: Magu As Acting Efcc Chairman For At Least 4 Years, Is Constitutional! by Buharimustgo: 1:29pm On Mar 16, 2017
thinkdip:
DSS said someone is corrupt and you people are here still defending him or is it not the same DSS you people were supporting when Judges were arrested?

Emancipate yourselves from mental slavery,
none but ourselves can free our mind

Don't mind them,its amazing even with the educational level of BMC members,comprehension is their greatest challenge
Re: Magu As Acting Efcc Chairman For At Least 4 Years, Is Constitutional! by yarimo(m): 1:39pm On Mar 16, 2017
There is different between what is already written in the constitution and reality, OP is just talking about the constitution. So get it clear undecided
thinkdip:
DSS said someone is corrupt and you people are here still defending him or is it not the same DSS you people were supporting when Judges were arrested?

Emancipate yourselves from mental slavery,
none but ourselves can free our mind
Re: Magu As Acting Efcc Chairman For At Least 4 Years, Is Constitutional! by Nobody: 1:39pm On Mar 16, 2017
Amazing analysis
Re: Magu As Acting Efcc Chairman For At Least 4 Years, Is Constitutional! by AngelicBeing: 1:41pm On Mar 16, 2017
sad
Re: Magu As Acting Efcc Chairman For At Least 4 Years, Is Constitutional! by TimeManager(m): 1:55pm On Mar 16, 2017
Corrupt ass are very evidently scared of Magu. PMB would continue to re-nominate him till his tenure expires. Obj once did that too..

Kiss the truth!

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