Magu rejection: Senate may approach Supreme Court as they fault Presidency

The Nigeria Senate may write Buhari on Mr. Ibrahim Magu. case, as soon as they resumes from recess.

The Red chamber has indicated their intention to approach the Supreme Court for clarifications on Magu’s appointment.on Presidency decision to retain Magu as the EFCC’s boss despite the rejection of his nomination by the legislature.

The Chairman of the Senate Committee on Anti-Corruption and Financial Crimes, EFCC, Senator Chukwuka Utazi, however, faulted Osinbajo and Falana for quoting Section 171 of the Constitution as empowering President Muhammadu Buhari not to seek Senate’s approval for Magu’s appointment.

The (PDP/Enugu North senator said ” if the presidency felt that what the Senate did on Magu was wrong should also take note of Order 131 of the Senate, “which says that once you come (are nominated) twice without success, you cannot come back (re-nominated).”

He made is point clear by citing “Section 60 of the 1999 Constitution (as amended) empowers the Senate and the House of Representatives to make rules to guide their activities. That Section 60 is not inferior to Section 171 by any standard. The rule of the House is subsidiary legislation deriving its powers from the grand norm, which is the 1999 Constitution.

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Senator Adesoji Akanbi (APC/Oyo South) said the Senate might seek legal means to determine its next move on Magu. “When we resume from break, we will consider all options. It is the beauty of democracy. We need to make consultations and, if need be, approach the Supreme Court for interpretation.”

Akanbi said, “My worry is that why did they (Presidency) have to resend the man (to the Senate for confirmation) in the first place, and the Senate denied him (rejected his confirmation) twice.

Senator Shehu Sani (APC/Kaduna Central), also said, “You can divide the Senate into three – those who are for Magu; those who are against Magu, and those who are neutral on Magu. As far as I am concerned, the best help Osinbajo can do to Magu is to host the APC Senate caucus and to put the ‘Presidential Villa house in order’.”


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Senator Rafiu Ibrahim (APC/Kwara South), who was asked if the Senate might need to consult the judiciary on Magu’s appointment, said, “It is not for us; it is for the judiciary to do that. But we know our role constitutionally. We have done our own; let the President do whatever he likes and he will get to us.

“I am sorry to say that the Vice-President is not the President and he is no more the Acting President.”

Senator Mao Ohuabunwa (PDP/Abia North) equally said he was studying what the EFCC Act says on nomination and confirmation of the agency’s chairman.

He said, “I know that within government (civil service) rules, there is a limit to acting (in a capacity); there is no acting infinito. For us as a Senate, what happens is that if they (executive) have the powers to bring him for clearance, we have the powers to screen and accept or reject him.