The Senate has said it has been vindicated on the rejection of the appointment of Mr. Ibrahim Magu as Chairman of the Economic and Financial Crimes Commission.

Chairman of the Senate Committee on Media and Public Affairs, Senator Aliyu Sabi-Abdullahi, who briefed journalists in Abuja on Thursday, announced that a Federal High Court had ruled that the upper chamber of the National Assembly had the powers to confirm or reject his appointment.


Sabi-Abdullahi made a copy of the ruling available to journalists, a copy of which was obtained by our correspondent.

The Senate’s spokesperson said, “We are pleased with this judgment and we want to salute Nigeria’s judiciary for always rising up to the occasion to protect our democracy and deepen our democratic processes.”

The Senate had rejected Magu’s appointment bases on a report by the Department of State Services which disqualified him.


The lawmakers had also placed an embargo on confirmation of appointments made by President Muhammadu Buhari which required legislative approval, to protest against Presidency’s position that some appointments did not require Senate’s approval.

Sabi-Abdullahi stated that the embargo would remain until Magu is replaced.

The suit, with Number FHC/ABJ/CS/59/2017, was filed by a lawyer, Oluwatosin Ojaomo, against the Senate President, Bukola Saraki; and the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN.

Justice John Tsoho of the FHC sitting in Abuja on January 15, 2018, ruled on the issues raised by the plaintiff before striking out the suit.

Delivering the ruling, Tsoho said, “The plaintiff raised two issues in the written address for determination, to wit: Whether or not the 1st defendant (Saraki) can reject a valid statutory appointment made by the President of the Federal Republic of Nigeria to the Office (of the Chairman) of the Economic and Financial Crimes Commission in accordance with the provisions of the EFCC (Establishment) Act, 2004.


“Whether or not the 1st defendant is bound by the provisions of the EFCC Act, 2004, with respect to the confirmation of any appointment made by the President of the Federal Republic of Nigeria to the Office of the Chairman of the EFCC.”

Babalawal:
PMB what's next

onlyhandsome202:


Prof. Saqqy told him to continue using maggu and thats what is going on. next is to ignore the ruling and move on with maggu.

baralatie:

do you recognise the implication of running an authorized personnel to run an arm of govt?
do you know the gravity of the offence at all?

Alariiwo:


Keep shut!

Magu just like any of those senators has every right to hold public office. Every Nigerian has that right.

Everyone knows the motive behind Magu's rejection, so keep your bullshit talk to yourself alone.

Omololu2121:
what's the motive behind his(magu) rejection?

Alariiwo:


Keep shut!

Magu just like any of those senators has every right to hold public office. Every Nigerian has that right.

Everyone knows the motive behind Magu's rejection, so keep your bullshit talk to yourself alone.

baralatie:

efcc establishment act 2004 section 3 says


"(3) The Chairman and members of the Commission other than ex-officio members shall be appointed by the President and the appointment shall he subject to the confirmation of the Senate."

if the chairman and members are not confirmed Mr president is ............

Alariiwo:


The Nigerian Senate has been compromised.. it's nothing more than a den of thieves now.

So whatever act you're quoting has been rendered null and void.

baralatie:

how was it rendered null and void?
was there another law that suspended the efcc act or replaced the act?

Alariiwo:


The Nigerian Senate has been compromised.. it's nothing more than a den of thieves now.

So whatever act you're quoting has been rendered null and void.

baralatie:

efcc establishment act 2004 section 3 says


"(3) The Chairman and members of the Commission other than ex-officio members shall be appointed by the President and the appointment shall he subject to the confirmation of the Senate."

if the chairman and members are not confirmed Mr president is ............

Alariiwo:


That act is flawed.
Efcc chairmanship need not require Senate confirmation.

An anti-graft agency with the power to investigate anybody should stand alone without external influence. Not even Senate.

Alariiwo:


Anti-corruption war of course..

Over 70% of those senators are under investigation by Magu, Saraki inclusive.

They want Buhari to appoint a puppet they can control. But guess what.. the West (US, UK and co.) are behind Magu.

magoo10:
Magu is an illegality which is another form of corruption.

deomelllo:





According to Igbos and corrupt elements of course.

Alariiwo:


That act is flawed.
Efcc chairmanship need not require Senate confirmation.

An anti-graft agency with the power to investigate anybody should stand alone without external influence. Not even Senate.

magoo10:
this is not a matter of ipob ,the laws are very clear moreover there over a thousand competent Nigerians who can do the job .
You build strong institutions not strong men.

Magu alone cannot fight corruption neither can going against the laws do except you are a tyrant or military dictator which is not the system of government.

phranklean:


The Senate has said it has been vindicated on the rejection of the appointment of Mr. Ibrahim Magu as Chairman of the Economic and Financial Crimes Commission.

Chairman of the Senate Committee on Media and Public Affairs, Senator Aliyu Sabi-Abdullahi, who briefed journalists in Abuja on Thursday, announced that a Federal High Court had ruled that the upper chamber of the National Assembly had the powers to confirm or reject his appointment.


Sabi-Abdullahi made a copy of the ruling available to journalists, a copy of which was obtained by our correspondent.

The Senate’s spokesperson said, “We are pleased with this judgment and we want to salute Nigeria’s judiciary for always rising up to the occasion to protect our democracy and deepen our democratic processes.”

The Senate had rejected Magu’s appointment bases on a report by the Department of State Services which disqualified him.

The lawmakers had also placed an embargo on confirmation of appointments made by President Muhammadu Buhari which required legislative approval, to protest against Presidency’s position that some appointments did not require Senate’s approval.

Sabi-Abdullahi stated that the embargo would remain until Magu is replaced.

deomelllo:



Where is the illegality?

Please show us the illegality via the Nigerian constitution that says the president can not renominate candidates.


A weak and corrupt institution is letting accused people under investigation and trial pick and chose their own prosecutor.

deomelllo:




You rightfully quoted the Senate's constitutional obligation to confirm or reject executive nominations, but not the executive powers and prerogative to nominate and keep nominating any candidate they desire including Magu.


There is no law under the Nigerian constitution that says the executive cannot keep nominating and sending the same candidate for confirmation.


The Senate is free to keep rejecting Magu, it is their choice per the constitution, but they can not prevent the executive from nominating the same Magu over and over and over and over again.


Bottomline, this ruling means a lot to the Senate, but it means nothing to the President of Nigeria and it doesn't say and can never say the President of Nigeria can not renominate the same candidate.


Now, the Senate should never be allowed to approve heads of agencies like EFCC especially considering the fact that many members of the Senate are under investigation by the same EFCC/Magu, even the Senate president himself.

It's like asking the armed robber to pick and chose his own favorite prosecutor and deciding Judge. It's called conflict of interest.

The Senate by the deciding to place an embargo on Executive nomination approval is unconstitutional and illegal blackmail, they have to do their job which is to confirm or reject nominees.

The President per his powers and equal powers regarding separation of powers has the upper hand and al the Senate can do is to keep saving face with meaningless court judgments and tantrums.

The Nigerian Senate in it's present form is rubbish, unfocused, corrupt, materialistic, self-serving and incompetent.

magoo10:
Magu was rejected and declared incapably unfit by the dss which is also a critical apparatus of the executive.

The law states that the legislature have to confirm him considering qualifications and all security informations at their disposal after which they find him wanting and failed to pass screening. The illegality is very clear ,it is corruption in itself.

baralatie:

as far as that act stands now. There is nothing like acting chairman after the tenure of a preceding chairman so technically the efcc as a commission does not have a chairman by law!
whether nigerians voted Lawrence anini as senate president or shina Rambo as house of rep.it does not change that act.
rather it confirms the constitution which states that no persons of questionable character can stand for elections and if there are questionable circumstances call police.
but like I said the efcc act still stands and currently the efcc does not have a chairman

deomelllo:



I still don't see the illegality here.

We both agree that the Senate can confirm and reject candidates, but where is the Nigerian constitution that says the president can not renominate the same candidate?

Show us the part of the Nigerian constitution that says the president can not renominate the same candidate.

I know the reason why many of you are on the side of the Senate per Magu, it's all because of politics, tribalism, bigotry and so on, but asking accused people on trial and under investigation to decide and pick their own favorite prosecutor is not good for you in the long run, not good for any country and their institutions.