By Emmanuel Aziken, Political Editor

LAGOS— The Senate leadership is considering two options to overcome constitutional hindrances being projected by administration officials not to seek fresh Senate confirmation for Mr. Ibrahim Magu, as Chairman of the Economic and Financial Crimes Commission, EFCC.

Following the second Senate rejection of Mr. Magu, administration officials and sympathisers had cited section 171 of the constitution to buttress the claim that Mr. Magu does not need Senate confirmation.

The provision stipulates that the President shall have the power to make appointments, including ambassadors, permanent secretaries, and heads of extra-ministerial departments.

The contentious provision now in dispute, Section 171 (4) states:

“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.”

The provision specifically does not make mention of heads of extra-ministerial departments as requiring Senate confirmation, a development that has prompted some in the legal community, including Mr. Femi Falana (SAN), to assert that Magu or heads of extra-ministerial departments do not need Senate confirmation.

Responding to the development, a senior official of the Senate said the Senate was pondering the option of going to the Supreme Court or altering that provision.
Noting the options, he said: “One is to amend it and make Section 171 subject to any act of the National Assembly. Two, is to go to Supreme Court to show that that section does not preclude the National Assembly from making laws that would subject certain appointments to Senate confirmation.

“If you look at section 5 of the constitution, which defines the powers of the National Assembly, it makes those powers subject to Acts of the National Assembly.
“So we can go and advance all the arguments at the Supreme Court and get it settled or just amend the constitution to avoid wasting our time.

http://www.vanguardngr.com/2017/04/magu-senate-considers-going-s-court/

My believe is that Magu is working. He should be allowed to do his job

supreme Court is too small for magu case......they should go to heaven ....USELESS BUNCH OF STUPID OLD HAGS......

Eiyaa, I can feel the frustration,confusion and depression within the red chamber.

I pray for someone today that those conspiring to frustrate your promotion and lifting, the almighty God will give them an assignment that they won't be able to resolve. Amen!

What kind of presidency is this? Is it confirmation that has stop him from performing as expected? The constitution has made it that he can remain in acting capacity but for a period not exceeding four year. What's the big deal with confirmation. This theatric is becoming too much. Submitting his name a time when he's discovering unexplained cash everywhere is DOA.

This presidency is the most useless in the world

Senate should not bother going to Supreme Court

Any individual with corruption case against EFCC should simply raise the issue of the illegal chairman and whether the EFCC under Magu has authority to serve.

By the time cases start collapsing for this reason, no be person go tell the presidency to replace the incompetent Magu

Senate is still the true representative of Nigeria Masses. Truly, these people are not responsible. They are corrupt and unpatriotic to Nigeria mission.

But don't forget executive is not immune from these vices including Magu.

The fight is selective and evil.

Take it or leave it.

Democracy! Where is thy face

Let them go to world court

Magu is here to stay

krendo:
This presidency is the most useless in the world

Senate should not bother going to Supreme Court

Any individual with corruption case against EFCC should simply raise the issue of the illegal chairman and whether the EFCC under Magu has authority to serve.

By the time cases start collapsing for this reason, no be person go tell the presidency to replace the incompetent Magu

Provided there is no evidence, shior.
The presidents right is already clearly spelt out.
Anyone in possession of stolen Nigerian money should better submit it before yawa go explode.

datopaper:
Senate is still the true representative of Nigeria Masses. Truly, these people are not responsible. They are corrupt and unpatriotic to Nigeria mission.

But don't forget executive is not immune from these vices including Magu.

The fight is selective and evil.

Take it or leave it.

Democracy! Where is thy face

When you see a confused wailer

You can tell by their confusion

krendo:
This presidency is the most useless in the world

Senate should not bother going to Supreme Court

Any individual with corruption case against EFCC should simply raise the issue of the illegal chairman and whether the EFCC under Magu has authority to serve.

By the time cases start collapsing for this reason, no be person go tell the presidency to replace the incompetent Magu

The thing shook am

Celcius:
What kind of presidency is this? Is it confirmation that has stop him from performing as expected? The constitution has made it that he can remain in acting capacity but for a period not exceeding four year. What's the big deal with confirmation. This theatric is becoming too much. Submitting his name a time when he's discovering unexplained cash everywhere is DOA.

E pain this one

no need for the senate to approach the supreme court, they have done their work which is to confirm or reject him.
The onus is on the presidency to challenge the decision of the senate in court and not the senate to challenge her own decision.
The EFCC was created by an act of the NASS with specifics as to qualification for chair etc. we must not allow politicians to destroy EFCC because of blind support or hatred for the present government.

Falana and Osibanjo are wrong and are trying to undermine the NASS which created EFCC and gave her life.

If Senate confirmation is not needed for d office of efcc chairman, y dem send d name to Senate in d first place?

The question should be that if d power of confirmation by the Senate is being questioned, why isn't their power to create the EFCC in the first place? Why choose some and leave others?

krendo:
This presidency is the most useless in the world

Senate should not bother going to Supreme Court

Any individual with corruption case against EFCC should simply raise the issue of the illegal chairman and whether the EFCC under Magu has authority to serve.

By the time cases start collapsing for this reason, no be person go tell the presidency to replace the incompetent Magu

tell me just one good reason why Magu is not fit? all the so called upper chamber needs som1 they can control and order around,but magu's can't be so easy. The Senate discarded his nomination saying he failed integrity test, what of Senate president CCB case and still acting.

Magu is here to stay

Deal with it Senate

Magu is a criminal
i stand with saraki

cc
Omenkalives

sarrki:


E pain this one

How retarded can a group of persons be...There's a constitutional interpretation duties bestowed upon the judiciary use it.

Paying almajariye and their ilks both online and offline to voice your decent is just down right dumb.

Good proactive move.

Otherwise, if they allow FG take them to court, they will take them to federal high court so as to buy time before the case will eventually get to Supreme Court.

Magu stays...

wetin corn-sign me for naija polytricks.... abeg how much is a bottle of yam in your Area jor.

I want to burn that NASS down only bunch of failures seating there

That's the proper thing to do

sd

ayamback:
Magu is a criminal
i stand with saraki

cc
Omenkalives

To be sincere to yourself, not Nigerians o. Who is a criminal between Magu and Saraki? Be sincere.

It will be worth the while.

Somebody should be able to tell the Senate to back to its primary function.

They should also check with the Supreme Court if the Senate has powers to spend hundreds of billions every year without appropriation.

Once that is done they should do what Turkey just did and what South Africa has already done - Do a referendum directly with the people to find out if Nigerians do actually want the Senate.

As for me and my house we will say NO in that referendum.

Enough of this - I do not know anything that the Senate has accomplished in the last few years.

murphybo:

tell me just one good reason why Magu is not fit? all the so called upper chamber needs som1 they can control and order around, but magu's can't be so easy. The Senate discarded his nomination saying he failed integrity test, what of Senate president CCB case and still acting.

Bro Magu is very qualified in the most pragmatic terms yet, the DSS, an agency of the Executive found his records and deeds wanting. Would you rather blame NASS or DSS? At the emboldened, the prerogative of appointing the EFCC is that of the the president. Except you are telling me that Buhari can't discover another 1 out 150 million Nigerians that can't be fooled around by the Senate. As for the CCB trial, even the death can perceive the witch-hunt in it

solid3:
Good proactive move.

Otherwise, if they allow FG take them to court, they will take them to federal high court so as to buy time before the case will eventually get to Supreme Court.

Any Case between the Executive and Legislature begins and end in Supreme Court.

Fine.. Then Saraki too can't continue as Senate president while facing trials.

Noone is less human in the country. what Saraki enjoys, Magu too must enjoy