Lagos-based human rights lawyer, Femi Falana has again criticized members of the national assembly for exercising power beyond their constitutional limit.

He also described the senate headed by Senator Bukola Saraki of Kwara Central as morally bankrupt to screen the leadership of anti-graft agency such as Economic and Financial Crime Commission, EFCC.

Falana spoke to Channel TV during the week against the backdrop of the Nigerian Senate’s rejection of the acting chairman of EFCC, Ibrahim Magu.

He described the rejection of Magu and subsequent calling for his replacement as “impunity”.

According to him, section 171 of the constitution has vested exclusive power in the president to appoint any person to hold certain office or act in that capacity.

For example, the constitution allows the president to appoint secretary to the government of the federation, permanent secretaries, heads of service, and heads of extra ministerial department such as EFCC without the confirmation of the Senate.

The exception is ambassadorial position or headship of foreign mission, he said.

Falana said the presidency was ill advised for sending name of the EFCC’s boss to the Senate for confirmation in the first place because there is no constitutional provision that compels such action.

He said the section 2(3) of the EFCC act that the executive tries to fulfill is superseded by section 171 of the constitution.

He advised the lawmakers to seek the amendment of the constitution if they must remove such constitutional power of the president because as the law currently stands “refusing to confirm the nomination of a public officer does not annul the acting capacity of such an officer.”

He also said that senators who are standing trial or being investigated by EFCC should not have been part of the screening exercise conducted for Magu because of their conflict of interests.

“This senate will not have approved the nomination of Magu because not less than 15 members are either standing trial or they are under investigation for corrupt practice.

The fact that you are standing a trial or under investigation means you cannot sit.”

Falana said the senate headed by Saraki could not have confirmed Magu.

“The senate President, Dr. Bukola Sataki ensured that Mallam Nuhu Ribadu was removed when he was to be charged over the collapse of Societe Generale Bank. Lamode was removed when he invited the wife of the Senate President, Dr. Bukola Saraki. Magu could not have been confirmed because EFCC is investigating the allegation that $3.5 billion from Paris-London loan refund has been traced to his account. How could the house headed by such a man confirm Magu,” he asked.

http://saharareporters.com/2017/04/01/senate-lacks-constitutional-power-reject-magu-says-falana-0

Can this man keep quiet already? his losing it.

They have both constitutional and moral power to reject Magu

Falana u talking too much lately

Falz ought to advise his dad.


Methinks he's lost it.

Mentcee:
Falz ought to advise his dad.


Methinks he's lost it.

I am sure you did not bother reading the details.

You probably read the topic and stopped.

Did you check the constitution he cited ?

Falz should advise his dad. If i may ask, what advice have you given to Daddy ?

true true,Those people are shameless THIEVES. My money in Societe general bank,idi Araba, LUTH branch still dey him Belle. Some hopeless people go still campaign for Saraki come 2019

Is it old age that is affecting Falana or he is desperate to get patronage from the presidency? Gani Fawhemin will be turning in his grave. Why is Falana and Professor Isagay shying away from telling the truth that it was the DSS and the presidency that doesn't Magu to be confirmed?

It is rather sad that these ex legal icons are behaving like charge and bail lawyers!

factsandfigures:
Is it old age that is affecting Falana or he is desperate to get patronage from the presidency? Gani Fawhemin will be turning in his grave. Why is Falana and Professor Isagay shying away from telling the truth that it was the DSS and the presidency that doesn't Magu to be confirmed?

It is rather sad that these ex legal icons are behaving like charge and bail lawyers!

So sad you seem to have blocked your mind from the behind the scene machinations called naija politics perpetrated by the so called kitchen cabinet of PMB.
Back to the matter raised by the legal luminary, is it a crime for stating the obvious as provided for in the constitution?

He should go to court.
Meanwhile, the APC led 8th Senate and the Presidency led by APC's Buhari are embarrassment to any sane democracy

Falana' depth in law matters exposes the intellectual dullness of the Attorney General of the federation, malami.
I think he shud be sacked for incompetence.

U will never know the magnitude of the deviousness of Saraki if u dont visit Kwara.
Saraki is the most unfortunate aberration to happen to Kwara, the Senate, the APC and Nigeria.
Mark my words today, Nigeria, just like Kwara, will never move forward if deliberate action in not taken to relegate Saraki and cast him to political dustbin and insignificance.

APC are in power...

APC are also the opposition... hilarious irony.

when Saraki was casting aspersions on GEJ, he was a knight in shining armour to APC apologists.

now that he is also giving PMB headache, he has become an enfant terrible & a nuisance according to APC's foot soldiers...

lol...

he who laughs last, truly laughs best... lol...

well, APC should try & manage their success for the greater good of Nigeria & Nigerians.

Abidx22:

So sad you seem to have blocked your mind from the behind the scene machinations called naija politics perpetrated by the so called kitchen cabinet of PMB.
Back to the matter raised by the legal luminary, is it a crime for stating the obvious as provided for in the constitution?

Bros I am annoyed and disappointed that respected Lawyers like Falana and Sagay cannot openly tackle and condemn the so called cabal or Kitchen cabinet of PMB. Is PMB still in charge? Do we honestly expect the Senators to ignore the DSS reports on Magu and confirm Magu.......? I have my reservations about the integrity of most of the Senators but it will be wrong for me to condemn them in the case of Magu. As per the position of the constitution, I will advice you study carefully the EFCC Acts.
The only thing the president can do for now is to retain Magu in acting position....But with the unyielding position of the DSS on Magu, I doubt if it will be expedient for the president to retain Magu and DSS head at the same time....that will be very weak and clueless. One of the two has to be dropped. That is the only way PMB can convince the World that he is in charge

He made sense!

AntiWailer:


I am sure you did not bother reading the details.

You probably read the topic and stopped.

Did you check the constitution he cited ?

Falz should advise his dad. If i may ask, what advice have you given to Daddy ?

The guy has advised his dad to stop taking ogogoro with Luqaimat, sorry I mean puff-puff.

factsandfigures:
Bros I am annoyed and disappointed that respected Lawyers like Falana and Sagay cannot openly tackle and condemn the so called cabal or Kitchen cabinet of PMB. Is PMB still in charge? Do we honestly expect the Senators to ignore the DSS reports on Magu and confirm Magu.......? I have my reservations about the integrity of most of the Senators but it will be wrong for me to condemn them in the case of Magu. As per the position of the constitution, I will advice you study carefully the EFCC Acts.
The only thing the president can do for now is to retain Magu in acting position....But with the unyielding position of the DSS on Magu, I doubt if it will be expedient for the president to retain Magu and DSS head at the same time....that will be very weak and clueless. One of the two has to be dropped. That is the only way PMB can convince the World that he is in charge

Kudos to you bro for the almost convincing argument placed up there. But let's look at it from this angle, what if the DSS happened to be the lesser evil compared to the Nigerian Senate? Besides, I think coming out and openly criticising this so called kitchen cabinet might not augur well for the image of the executive arm of government. Rather than coming all out and bashing Daura and Co, I think the onus lies on their Principal, PMB, to arrest the coup within his inner cabinet.
Finally, no matter what the EFCC Acts says, I believe constitutional provision supersedes it.

[s]

factsandfigures:
Is it old age that is affecting Falana or he is desperate to get patronage from the presidency? Gani Fawhemin will be turning in his grave. Why is Falana and Professor Isagay shying away from telling the truth that it was the DSS and the presidency that doesn't Magu to be confirmed?

It is rather sad that these ex legal icons are behaving like charge and bail lawyers!

[/s]

My dear it's best to be quiet rather than comment and expose your ignorance. The law is not what u wish it to be, the law is what it is. Falana has cited constitutional provisions in support of his argument. What is yours

If it was fayose, ffk, elrufai, dino or any those other bufoons that made this declaration; they will be hailed by shallow minded and myopic thinking nigerians. However a lawyer who has the knowledge of our wacked incomplete constitution made a valid assertion and some $callywags are calling for his head.

what is the meaning of constitution ?

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Femi Falana has gone mad already

He is just an emotional lawyer whose arguments are most times not supported by the law and provisions of the constitution

Face of a world renown criminal and role model of ipob miscreants.

Progressive01:
Face of a world renown criminal and role model of ipob miscreants.

Your hopelessness knows no bounds.

popez:


Your hopelessness knows no bounds.

Doesnt negate the fact ALL ipob yoots are hopeless vagabonds with acute mental handicap, who worship all criminals in this country irrespective of their political inclination.

Thank God igbos have distanced themselves from those criminals.

Has someone told Falana that PMB will drop Malami the current AGF. The struggle to impress PMB for whatever reward I think is beginning to affect Mr. Falana's legal knowledge.

[s]

Progressive01:
Face of a world renown criminal and role model of ipob miscreants.

[/s]
the face of Buhari's nightmare i think

omenka the omenka

Progressive01:
Doesnt negate the fact ALL ipob yoots are hopeless vagabonds with acute mental handicap, who worship all criminals in this country irrespective of their political inclination.

Thank God igbos have distanced themselves from those criminals.

Smh. You need help.

Falana should shut up!

How can the Senate with good conscience clear somebody with a negative security report from the DSS?

Or has Falana forgotten that all political nominees sent to the Senate for confirmation have to undergo screening to which a security report from the Police or DSS forms a major criteria?

Rather than concentrate on the Senate why can't Falana take his fight to the same DSS which has refused to clear Magu?


Shameless ambulance chasing idiot