₦airaland Forum

Very good War against Indiscipline.

lonelydora:
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.

I think you would be better off in Turkey.... the president has unlimited power . Adios

ejibaba:
If your comapany's manager tells you he won't accept your friends son for employment in your company because he has a report from HR that he is a criminal that has folded other company's in the past...Tel me will you fight the manager or the report/the HR that is under you generating such report and how will you feel if it was family and they are accusing you of been wicked and refusing to help??

First, the DSS(HR) is the same as the corrupt Senate. The presidency allowed the Senate to use the DSS as a tool to discredit their candidate. We all know the crooked report the DSS gave the Senate is tainted with falsehood and political undertone.

I have to accept that the presidency is not totally blameless in this story because they failed to put their house in order. If they had reigned in the DSS all this wouldn't have happened.

So the DSS(HR) in this situation is also as corrupt as the Senate(Board of Directors). I don't know if you read a report sometime on NL that linked Saraki and Senate cabal to the DSS report. In other situation it might be dismissed but in this situation it cannot. because there's no smoke without fire.

Let's face it sir! even the presidency don't want Magu! if they do they should ask the DSS to write a counter report since they have cleared him based on his reponse from the attroney generals query.

For the sake of the future security of this country and it's residents, the Presidency cannot do that. If the presidency should do that, it will set a precedence that will forever discredit any security report of DSS within and outside this country. Even if it is sekau and the DSS makes a report against him, no sane judge or court in the world will ever take that institution serious again.

Another reason is that for the DSS to write another report, they have to detail the reason why they thought all the allegations they wrote in the first report was a mistake. These we all know is impossible because most of the allegations were mere speculations that will raise suspicion why the DSS failed to see that as it were "Mere speculation".

All in all, a second report to counter the first will only damage the integrity of the institution while the presidency giving in to pressure from the Senate will set a precedence that will give the Senate unecessary power over the Presidency.

The only option for the presidency now is to take their fight through other means -the costitution- other than through the Senate.

jomoh:
First, the DSS(HR) is the same as the corrupt Senate. The presidency allowed the Senate to use the DSS as a tool to discredit their candidate. We all know the crooked report the DSS gave the Senate is tainted with falsehood and political undertone.

I have to accept that the presidency is not totally blameless in this story because they failed to put their house in order. If they had reigned in the DSS all this wouldn't have happened.

So the DSS(HR) in this situation is also as corrupt as the Senate(Board of Directors). I don't know if you read a report sometime on NL that linked Saraki and Senate cabal to the DSS report. In other situation it might be dismissed but in this situation it cannot. because there's no smoke without fire.



For the sake of the future security of this country and it's residents, the Presidency cannot do that. If the presidency should do that, it will set a precedence that will forever discredit any security report of DSS within and outside this country. Even if it is sekau and the DSS makes a report against him, no sane judge or court in the world will ever take that institution serious again.

Another reason is that for the DSS to write another report, they have to detail the reason why they thought all the allegations they wrote in the first report was a mistake. These we all know is impossible because most of the allegations were mere speculations that will raise suspicion why the DSS failed to see that as it were "Mere speculation".

All in all, a second report to counter the first will only damage the integrity of the institution while the presidency giving in to pressure from the Senate will set a precedence that will give the Senate unecessary power over the Presidency.

The only option for the presidency now is to take their fight through other means -the costitution- other than through the Senate.

Hope, you are not one of those who jubilated when the DSS arrested corrupt judges?

jomoh:
This is not about finding a capable hand. Obviously there are a lot of people that are more intense than Magu but It is more about precedent setting.

If the presidency should give-in to the pressures of the corrupt senate based on these frivolous excuse then nobody they(senate) cannot control would ever be good enough for that seat.

There is no law that says the senate must rubber stamp any name presented by the presidency. If the senate confirmation is not required, is it not dvmb and stew pid to send the name to the senate?

samkay3g:
they should just find someone else now, is he the only one capabale?

ask urself

samkay3g:
they should just find someone else now, is he the only one capable?

He is the only one we want, The Senate can't decide who the President will appoint..

I blame the unintelligent lawyers who wrote our constitution to be this ambiguous and contradictory. presidency doing the job of the legislators and the NASS trying to usurp the executives. For how long shall we continue with this comical performance by both the presidency and the NASS?

For the records

Saraki gave the Presidency a second opportunity to correct their ways and ask the DSS to withdraw the incriminating report on Magu

The DSS at the second time of asking insisted that they stand by their initial report on Magu

So why is the Presidency not respecting the reports of its own DSS on this matter or at least penalise the DSS chairman if they feel he is providing false testimony on Magu

Senate was left with no option than to reject Magu based on the evidence in front of the Senate!

I will reject Magu if I was a Senator too!

Anyway I trust the Supreme Court to get to the truth

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.

Presidency played its hand by submitting Magu's name twice for confirmation unless it would argue that it was for senate blessing.

Also, it was an executive organ, DSS, that submitted a damaging report on Magu.

agitator:
There is no law that says the senate must rubber stamp any name presented by the presidency. If the senate confirmation is not required, is it not dvmb and stew pid to send the name to the senate?

First this is where most people get it twisted and start arguing wrongly. No one is saying there is no law that says the Senate must rubbber stamp names presented by the president. What they are saying is that there are some apointments that don't need the senate approval and the EFCC chairman falls under such.

Even though the law that created EFCC said the apointment(not confirmation) is subject to Senate approval which is what the Senate is standing on(still a wrong and weak standing), the presidency is saying there's an aspect of the constitution that gives the president the power to appoint and confirm some posts(which EFCC fall's under) without recourse to the senate and the constitution is superior to any law created by the Senate e.g. EFCC.

Yes it is stupid same way it was stupid for OBJ, Yar'adua and GEJ to do the same. So you see it's not only this government that has been doing it that is why it's giving the Senate illiterates a hard on. They believe because the past leaders have been doing it then it is the law and their right but they forgot the past leaders are not lawyers let alone a professor of law.

For the first time Nigeria is having a leader who practically knows the interpretation of every aspect of the constitution off hand. This is a kind of man that even judges sometimes consult on the interpretation of matters before them

Osinbajo is a professor of law and a SAN not some baby lawyer or nonentity.

Who is the presidency?

jomoh:
First this is where most people get it twisted and start arguing wrongly. No one is saying there is no law that says the Senate must rubbber stamp names presented by the president. What they are saying is that there are some apointments that don't need the senate approval and the EFCC chairman falls under such.

Even though the law that created EFCC said the apointment(not confirmation) is subject to Senate approval which is what the Senate is standing on(still a wrong and weak standing), the presidency is saying there's an aspect of the constitution that gives the president the power to appoint and confirm some posts(which EFCC fall's under) without recourse to the senate and the constitution is superior to any law created by the Senate e.g. EFCC.

Yes it is stupid same way it was stupid for OBJ, Yar'adua and GEJ to do the same. So you see it's not only this government that has been doing it that is why it's giving the Senate illiterates a hard on. They believe because the past leaders have been doing it then it is the law and their right but they forgot the past leaders are not lawyers let alone a professor of law.

For the first time Nigeria is having a leader who practically knows the interpretation of every aspect of the constitution off hand. This is a kind of man that even judges sometimes consult on the interpretation of matters before them

Osinbajo is a professor of law and a SAN not some baby lawyer or nonentity.

We will soon know whether Osibanjo know anything about law soon

I trust the Supreme Court

The Constitution did not explicitly say the EFCC nomination does not require Senate approval, the EFCC act which is fully recognised by law states that a confirmation by Senate is required

You think 3 Presidents and 3 Attorney Generals who have been advising the President to seek Senate approval don't know the law?

All of a sudden just because of Ego this Presidency and its agency can't admit their mistake one way or the other and clear heir own mess rather they want to railroad the Senate!

Sorry you have failed. The senate is led by 2 professionals who understands what due process means!

The Supreme Court will vindicate the senate on this matter and when they do please don't call the Supreme Court corrupt because it is a matter of fact that the presidency has more money to bribe judges than the senate!

jomoh:
First, the DSS(HR) is the same as the corrupt Senate. The presidency allowed the Senate to use the DSS as a tool to discredit their candidate. We all know the crooked report the DSS gave the Senate is tainted with falsehood and political undertone.

I have to accept that the presidency is not totally blameless in this story because they failed to put their house in order. If they had reigned in the DSS all this wouldn't have happened.

So the DSS(HR) in this situation is also as corrupt as the Senate(Board of Directors). I don't know if you read a report sometime on NL that linked Saraki and Senate cabal to the DSS report. In other situation it might be dismissed but in this situation it cannot. because there's no smoke without fire.



For the sake of the future security of this country and it's residents, the Presidency cannot do that. If the presidency should do that, it will set a precedence that will forever discredit any security report of DSS within and outside this country. Even if it is sekau and the DSS makes a report against him, no sane judge or court in the world will ever take that institution serious again.

Another reason is that for the DSS to write another report, they have to detail the reason why they thought all the allegations they wrote in the first report was a mistake. These we all know is impossible because most of the allegations were mere speculations that will raise suspicion why the DSS failed to see that as it were "Mere speculation".

All in all, a second report to counter the first will only damage the integrity of the institution while the presidency giving in to pressure from the Senate will set a precedence that will give the Senate unecessary power over the Presidency.

The only option for the presidency now is to take their fight through other means -the costitution- other than through the Senate.

Well, I do get your points but this battle for supremacy is really not necessary in the interest of the country.

The DSS should be made to come up with an update on his previous report. The era of writing reports on people without a follow up to ascertain the authenticity of the report has to stop.

Finally, what stops the presidency from removing the DG DSS When it knows the report was fabricated? We just have to face up with the reality of this country and end this joke.

ejibaba:
Well, I do get your points but this battle for supremacy is really not necessary in the interest of the country.

The DSS should be made to come up with an update on his previous report. The era of writing reports on people without a follow up to ascertain the authenticity of the report has to stop.

Finally, what stops the presidency from removing the DG DSS When it knows the report was fabricated? We just have to face up with the reality of this country and end this joke.

If the president wanted he could order that follow up. It's in his power isn't it? It's not good but necessary to settle it. These past two years of bickering have been pointless.

Nothing stops the President from removing them. If he really has issue he would have. The only thing is he would probably have to get new personed confirmed by senate he's fueling with.

ejibaba:
Well, I do get your points but this battle for supremacy is really not necessary in the interest of the country.

The DSS should be made to come up with an update on his previous report. The era of writing reports on people without a follow up to ascertain the authenticity of the report has to stop.

Finally, what stops the presidency from removing the DG DSS When it knows the report was fabricated? We just have to face up with the reality of this country and end this joke.

Don't mind the jokers!

One of 4 things must happen

1. DSS must either withdraw its original report in writing to Senate and apologise

OR

2. Presidency must fire the DG DSS for incompetence and replace him with a DG that takes its job seriously

OR

3. Presidency must accept the DSS report and fire Magu for lack of integrity

OR

4. the EFCC act requiring the Senate to approve any nomination of the EFCC chair must be set aside by the Supreme Court

You can not ignore all of the above and then bully the Senate to ignore a security report on Magu and approve his screening anyway!

It's a joke. This Presidency really need to get serious. And someone comes here to tell me Osibanjo is a Professor he must know what he is doing.

Professor my foot! He is allowing himself to be misled by blind people.

This is not about emotions. It is about due process!

jomoh:
First this is where most people get it twisted and start arguing wrongly. No one is saying there is no law that says the Senate must rubbber stamp names presented by the president. What they are saying is that there are some apointments that don't need the senate approval and the EFCC chairman falls under such.

Even though the law that created EFCC said the apointment(not confirmation) is subject to Senate approval which is what the Senate is standing on(still a wrong and weak standing), the presidency is saying there's an aspect of the constitution that gives the president the power to appoint and confirm some posts(which EFCC fall's under) without recourse to the senate and the constitution is superior to any law created by the Senate e.g. EFCC.

Yes it is stupid same way it was stupid for OBJ, Yar'adua and GEJ to do the same. So you see it's not only this government that has been doing it that is why it's giving the Senate illiterates a hard on. They believe because the past leaders have been doing it then it is the law and their right but they forgot the past leaders are not lawyers let alone a professor of law.

For the first time Nigeria is having a leader who practically knows the interpretation of every aspect of the constitution off hand. This is a kind of man that even judges sometimes consult on the interpretation of matters before them

Osinbajo is a professor of law and a SAN not some baby lawyer or nonentity.

Legal precedence is not on the side of this egoistical president. Obj, who set up EFCC followed the due process and the same GMB submitted Magu 2x to senate for confirmation. The senate is going to use those letters to nail him.

krendo:
Don't mind the jokers!

One of 3 things must happen

1. DSS must either withdraw its original report in writing to Senate and apologise

OR

2. Presidency must fire the DG DSS for incompetence and replace him with a DG that takes its job seriously

OR

3. Presidency must accept the DSS report and fire Magu for lack of integrity

You can not ignore all of the above and then bully the Senate to ignore a security report on Magu and approve his screening anyway!

It's a joke. This Presidency really need to get serious. And someone comes here to tell me Osibanjo is a Professor he must know what he is doing.

Professor my foot! He is allowing himself to be misled by blind people.

This is not about emotions. It is about due process!

I am afraid you have elected to make light of the way government works in a rather complex polity.
While I would hate to see my intervention here misconstrued as a spirited defence of Magu - for it is not - what law states that the report of a security agency is sacrosanct?

Do you know the FBI began monitoring Martin Luther King from 1955 onwards? Are you aware that the current leader of the opposition in the UK had a file kept on him, as a result of his anti-apartheid activities? My point: security reports - well meaning or otherwise - and not set in stone.

Fast forward to the current era...is it not true that Donald Trump re-hired Michael Flynn as his national security adviser - despite the truckload of security briefings which led to the latter's dismissal from Obama's government?

The Vice President said: "We should commend the president for not interfering with what the DSS said. The DSS came up with a report and the man who was accused refuted it.

"He explains and gives a reason. When that happened, the president looked at what Magu said and what the DSS wrote and he said ‘I am satisfied with what Magu said’.

"He then decided to retain Magu as the nominee for EFCC. I don’t see any reason why that should be contested. The president has not interfered with what the DSS said. If he wanted to interfere, he would have ordered the DSS to keep quiet. He didn’t do that, but he said ‘I don’t think the DSS report is meritorious enough to withdraw his nomination.’

"The president reserves the right to say, ‘this is who I want’. I’m fully in support of Magu as the EFCC chairman just as the president is."

Source: http://www.pulse.ng/local/buhari-president-doesnt-trust-dss-report-he-wont-replace-magu-osinbajo-says-id6517769.html

ejibaba:
Well, I do get your points but this battle for supremacy is really not necessary in the interest of the country.

The DSS should be made to come up with an update on his previous report. The era of writing reports on people without a follow up to ascertain the authenticity of the report has to stop.


Finally, what stops the presidency from removing the DG DSS When it knows the report was fabricated? We just have to face up with the reality of this country and end this joke.

The bold is what I am yet to fartom. I may sound like an ardent supporter of this government but I am not a blind one.

The DG DSS should've been sent home a long time ago. I once wrote somewhere that these people who claim to be cabal have enough bagagges hanging on their neck to put them in jail for life by a baby lawyer. All that is needed is the zeal of the prosecutor and the ability of the judiciary to deliver blind justice without fear or favour.

Since I am not in government, I can not categorically say this is the right way to go about it but to be sincere I believe Buhari must have been sick to the neck with the atrocities of people around him. His hands may be tied. What tied them? I don't know.

BigIyanga:
Legal precedent is not on the sideof this egoistical president. Obj, who set up EFCC followed the due process and the same GMB submitted Magu 2x to senate for confirmation. The senate is going to use those letters to nail him.

Lol. Did you do anything that relates to law in school?

lol. Legal precedent indeed.


This is the order of relevance in law.

Precedence is relied on where the act or law is silent.

The Act or law is relied on where the constitution silent.

but wherever the constitution is not silent but specific(in this case), it overrides anyother thing.

Apart from that, there is nothing legal in this precedence in fact it is illegal cos no court ruled on it.

Even in a case where a court ruled on it, the supreme court will overrule it as an error(there is a Latin legal term for it) cos no court, individual or "body" can be more powerful than the costitution.

jomoh:
Lol. Did you do anything that relates to law in school?

lol. Legal precedent indeed.


This is the order of relevance in law.

Precedence is relied on where the act or law is silent.

The Act or law is relied on where the constitution silent.

but wherever the constitution is not silent but specific(in this case), it overrides anyother thing.

Apart from that, there is nothing legal in this precedence in fact it is illegal cos no court ruled on it.

Even in a case where a court ruled on it, the supreme court will overrule it as an error(there is a Latin legal term for it) cos no court, individual or "body" can be more powerful than the costitution.

The constitution is not specific on this matter

Section 171 does not mention the word EFCC

People are only inferring that section 171 applies here

And yet the EFCC act which is the only specific law on this matter states clearly that Senate approval is required.

Please note that the meaning of the word "inconsistency" as used in section 1 of the constitution is being stretched on this matter and only exist in the imagination of the Presidency and their supporters. I say this because section 171 does not mention the word EFCC.

In a situation where the constitution is silent then the act of NASS which set up the EFCC takes precedence!

If Senate do not have power to confirm efcc chairman then why going to court to force them do so, I have always said that this government is a failure. Always insulting Nigerians, do you want to tell me that out of 180 million Nigerians that is only this stone head that is qualified for the job.

. 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.

Section 171 subsection 2 even states what offices this section applies to

Even a bunch of NYSC lawyers will defeat the presidency at the supreme court

krendo:
The constitution is not specific on this matter

Section 171 does not mention the word EFCC

People are only inferring that section 171 applies here

And yet the EFCC act which is the only specific law on this matter states clearly that Senate approval is required.

Please note that the meaning of the word "inconsistency" as used in section 1 of the constitution is being stretched on this matter and only exist in the imagination of the Presidency and their supporters. I say this because section 171 does not mention the word EFCC.

In a situation where the constitution is silent then the act of NASS which set up the EFCC takes precedence!

Now you're talking. The precedent thing won't hold water in any court.

But we can not for sure say the constitution is silent. It might not be under section 171.


Another angle I just read in vanguard is that EFCC is a law enforcement agent which is under the purview of the presidents powers tonenforce the law and the president don't need the confirmation of the Senate to appoint the Head of law enforcement.

jomoh:
Lol. Did you do anything that relates to law in school?

lol. Legal precedent indeed.


This is the order of relevance in law.

Precedence is relied on where the act or law is silent.

The Act or law is relied on where the constitution silent.

but wherever the constitution is not silent but specific(in this case), it overrides anyother thing.

Apart from that, there is nothing legal in this precedence in fact it is illegal cos no court ruled on it.

Even in a case where a court ruled on it, the supreme court will overrule it as an error(there is a Latin legal term for it) cos no court, individual or "body" can be more powerful than the costitution.

This president is not known for winning in the law court. We shall see.

BigIyanga:
This president is not known for winning in the law court. We shall see.

Lol very funny but don't get me wrong I didn't imply that they will win I'm only saying they may have a case and having a case doesn't atomatically translate to winning.

My believe is that they are trying to use this to save face from the embarrassing DSS report debacle but it could eventually pay off.

Karma is bitch

Magu is going about assuming the role of prosecutor and judge and locking people up without court verdict

And yet Magu gets accused and the President is giving Magu the benefit of the doubt something he does not give his victims?

Magu must go

He who comes to equity must come with clean hands

jomoh:
The bold is what I am yet to fartom. I may sound like an ardent supporter of this government but I am not a blind one.

The DG DSS should've been sent home a long time ago. I once wrote somewhere that these people who claim to be cabal have enough bagagges hanging on their neck to put them in jail for life by a baby lawyer. All that is needed is the zeal of the prosecutor and the ability of the judiciary to deliver blind justice without fear or favour.

Since I am not in government, I can not categorically say this is the right way to go about it but to be sincere I believe Buhari must have been sick to the neck with the atrocities of people around him. His hands may be tied. What tied them? I don't know.

Sir, finally you are now in agreement with me that the presidency doesn't want Magu, because if they do the bonded would have been done.

However, I just wish the Acting President would just keep mute on this issue pending when his principal is back.

ejibaba:
Sir, finally you are now in agreement with me that the presidency doesn't want Magu, because if they do the bonded would have been done.

However, I just wish the Acting President would just keep mute on this issue pending when his principal is back.

Wrong. Very wrong sire.


The complexity of government at the very top does not allow for simple analysis such as yours. The fact that they couldn't get a Senate approval for him is enough to get him thrown out and shop for a replacement if truly they never wanted him there. If truly the Presidency doesn't want him there, then insisting on magu's chairmanship favours neither them nor the Senate so why keep him there?

This is not only a war of ego but also a war of goodness and evil. A classic case of corruption fighting back. The president and his vise are not really politicians so their earlier error of allowing a corrupt politician become the number 3man of the country is what is hunting them and will continue to hunt them till 2019.


Oh I miss OBJ. The most capable leader Nigeria has ever had.

jomoh:
First this is where most people get it twisted and start arguing wrongly. No one is saying there is no law that says the Senate must rubbber stamp names presented by the president. What they are saying is that there are some apointments that don't need the senate approval and the EFCC chairman falls under such.

Even though the law that created EFCC said the apointment(not confirmation) is subject to Senate approval which is what the Senate is standing on(still a wrong and weak standing), the presidency is saying there's an aspect of the constitution that gives the president the power to appoint and confirm some posts(which EFCC fall's under) without recourse to the senate and the constitution is superior to any law created by the Senate e.g. EFCC.

Yes it is stupid same way it was stupid for OBJ, Yar'adua and GEJ to do the same. So you see it's not only this government that has been doing it that is why it's giving the Senate illiterates a hard on. They believe because the past leaders have been doing it then it is the law and their right but they forgot the past leaders are not lawyers let alone a professor of law.

For the first time Nigeria is having a leader who practically knows the interpretation of every aspect of the constitution off hand. This is a kind of man that even judges sometimes consult on the interpretation of matters before them

Osinbajo is a professor of law and a SAN not some baby lawyer or nonentity.

The question you are skirting is "Why did the presidency send it to the senate" since they don't need senate's approval?

OBJ, Yar'adua and GEJ were not lawyers and are foolish to have sent to senate, why is the SAN also sending to senate for approval?

Why didn't he just appoint those people the constitution gave him power to without involving the senate.

Also it was OBJ that created the EFCC and you are claiming EFCC was created by the constitution. Please tell which constitution? Is it the 1999 Constitution that was there before OBJ created the EFCC?

agitator:
The question you are skirting is "Why did the presidency send it to the senate" since they don't need senate's approval?

OBJ, Yar'adua and GEJ were not lawyers and are foolish to have sent to senate, why is the SAN also sending to senate for approval?

Why didn't he just appoint those people the constitution gave him power to without involving the senate.

Also it was OBJ that created the EFCC and you are claiming EFCC was created by the constitution. Please tell which constitution? Is it the 1999 Constitution that was there before OBJ created the EFCC?

U dey mind him? Look at his excuse- VP and GMB are not politicians. GMB has been politically involved in running Naija affairs since 1960s to date and he's making lame excuses for him.