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Tag: DSS

  • ‘We provide info for military, DSS, others’

    A para-military non-governmental organi-sation (NGO) under the auspices of Neighbourhood Enlightenment and Safety Organisation (NESO) has pledged to continue giving vital information to security operatives in the country.

    Corps Commandant General (CCG), NESO, Comrade Sani Aliyu gave the assurance at the passing-out parade of NESO officers.

    Aliyu said NESO is a pioneer registered para-military NGO focused on “anti-terrorism and anti-insurgency in Nigeria and indeed first of its kind in Africa. Our major modus operandi is that we source and obtain credible security intelligence and provide such information to the conventional security operatives like the police, DSS and the Military.

    “We make bold to state that NESO has been in the frontline in the fight against terror in Nigeria and have made modest contributions in areas of divulging critical intelligence on security threats as early warning mechanism that led to many arrests of terrorists, militants, kidnappers and cattle rustlers. In addition, some of our actionable intelligence has led to many debauched bomb attacks in parts of Nigeria.”

    Speaking further, he said, “Nigeria is facing unprecedented security challenges and threats that we used to watch only on television or hear in the news that happen in other parts of the world. Unfortunately, these challenges are now in Nigeria and they include terrorism, insurgency, militancy, blowing up pipelines, cattle rustling, kidnapping and other heinous crimes. Boko Haram has ravaged the northeast for about eight years, and the region was salvaged just few months ago because of the political will of President Muhammadu Buhari. Suicide bombers are killing many Nigerians with bombs; militants are blowing up pipelines in the Niger Delta that contributed in pushing Nigeria into recession; many people were kidnapped and those who were lucky were released with the payment of ransoms or the intervention of the security operative.

    “Nobody is spared, whether big or small; adults or children; men or women; and even uniformed personnel. You may recall that about two years ago, a serving Army Colonel was abducted in Kaduna and he was found dead few days later; a former Minister and Secretary to the Government of the Federation, Chief Olu Falae, was kidnapped and released after some days with the intervention of the police. There are many other instances but to mention a few.”

    NESO he said must continue the partnership and collaboration with security agencies of this nation to ensure security, safety and peace in our communities adding that: “Seeing that the total numerical strength of all the conventional security agencies is about 1 million a far cry to the population of 174,000,000 Nigerians, these numbers amongst which the Nigeria police has the highest manpower of about 370,000 officers and men expected to provide security for 17million population,  considering our land and sea size. Indeed, it is an overwhelming situation requiring serious collaboration and support in order to help them achieve their constitutional mandate.

    “In our today’s society, the sophistication displayed or deployed by terrorists are those things we once used in our national defence mechanism or structure. Terrorists now have equal or sometimes even better access to arms and ammunitions like AK47, GPMGs, anti-aircraft missiles, gun boats, etc. There is a dire need to deny them or limit their access to these modern “weapons of mass destruction”.

  • Ambassadorial nominee: why we petitioned DSS, by lawyer

    A lawyer, Babs Akinwumi, who represents  Ondo State’s ambassadorial nominee, Dr. Jacob Igbekele Daodu, whose nomination was refused by the Senate, has explained why he petitioned the Department of State Service (DSS), to protest the report against his client.

    The Senate Committee on Foreign Affairs, headed by Senator Monsurat Sunmonu, while announcing its refusal to  confirm Daodu’s nomination, quoted a purported DSS report that the nominee was deceitful and corrupt while serving as the Chairman of the Ondo State Agency for Road Maintenance and Construction (OSARMCO).

    Although Daodu has since denied the allegations, Akinwumi said his client petitioned the DSS because the agency’s conclusions were without facts and made ultra vires the powers of the DSS.

    The lawyer noted that the same DSS screened his client as Special Adviser to his governor in 2009, screened him when he was appointed Chairman and Chief Executive Officer (CEO) of OSARMCO in 2010,  screened him when he  was appointed commissioner in 2012 and further screened and cleared him in 2013 when he left public office.

    Akinwumi added that Daodu presented himself to the DSS at its headquarters for screening, following his ambassadorial nomination in February 2017 without any issue, and questions raised concerning his integrity.

    He said: “There is no basis on which our client should be pronounced corrupt and deceitful, particularly when nobody complained about his conduct. No petition against him, no court case and no court pronouncement to that effect.”

    Akinwumi noted that it was ironic that his client, from who Governor Oluwarotimi Akeredolu, in a March 26 letter, sought assistance and cooperation, was now being disparaged and branded as corrupt.

    In the petition to DSS Director-General, dated March 27, 2017, Akinwumi demanded among others: immediate withdrawal of the said damaging report and a public apology to be aired on electronic media and published in print media, failing which he will seek redress in court after seven days.

    Copies of the letter received by the DSS on March 28, have been sent to President Muhammadu Buhari, the Senate President, Chairman, Senate Committee on Foreign Affairs, Attorney-General of the Federation and the Executive Secretary, National Human Rights Commission (NHRC).

    The letter reads in part: “Our client is a renowned Architect, former council member of the Architect Registration Council of Nigeria (ARCON) and had served as the elected Chairman, Nigeria Institute of Architects (NIA), Ondo State chapter.

    “He co-ordinates the National Infrastructure Backbone for Nigeria, with the involvement of many multinational investors. It is ridiculous and interesting that the same DSS that interviewed, screened, cleared and approved the appointment of our client as a Commissioner in Ondo State after his tenure as the Chair of OSARMCO, could now backtrack and indict him over the same position.

    “Your report, has no doubt, impugned and damaged the character and reputation that our client has built over 50 years of his existence. There is no doubt that you acted ultra vires of your mandate under any enabling law establishing the DSS to warrant your organisation to reach such conclusions about our client,” Akinwumi said.

  • Land dispute: community petitions Obiano, DSS

    A community in Anambra State has petitioned Governor Willie Obiano and the Department of State Service (DSS) over a land tussle between it and another community.

    The Umuawo community, Nando, in Anambra East Local Government Area of the state, also petitioned the Registrar, Court of Appeal Enugu, and Chairman, State Boundary Committee and member representing Anambra East and West Federal Constituency.

    The petition, signed on behalf of the community by their lawyer, I. Nsofor, was based on the land dispute between Umuawo and Abube-Agu communities which is still pending at the Appeal Court.

    Umuawo community had warned the boundary committee in the state, to be wary of the consequences of any action on the land.

    “Recall that the Court of Appeal is now fully seized of the matter and your conduct amounts to sitting on appeal over the Court of Appeal proceedings and same is an affront to the said court.

    “Bear in mind that should you go ahead and re-demarcate the land which is already sub judice, it will foist on the Court of Appeal a fait accompli.

    “Our clients will not participate in the purported re-demarcation of the boundaries of the land in question should you insist on going on with the re-demarcation until the Court of Appeal finally determines the appeal.

    “The Committee should be answerable for any attendant breakdown of the law and order in the parties’ community should the Committee go on with the boundary re-demarcation”

    “We shall endorse a copy of this letter to the Registrar, Court of Appeal, Enugu to alert their Lordships of the utter contempt of the court being perpetrated by your Committee of which you very well know the consequences.

    “We shall cause the relevant Form 48 to be served on you and members of the Committee should you defy the Court of Appeal and continue with the on-going illegality,” the community wrote.

  • Magu, DSS and Senate

    The fascinating story of the Senate confirmation hearing and decision on the nomination of Ibrahim Magu as the Chairman of the Economic and Financial Crimes Commission (EFCC) has a great potential for box office success as a movie. What with the complex plot and intriguing characters! I trust that our talented screenwriters are already working their hearts out to give the nation a thriller in no distant future.

    There are three levels of interconnected plots: the executive level, the legislative level, and the subject common to both, the man Magu.

    Ibrahim Magu is the main character. But who is he and why is he in so much trouble? Magu served under former EFCC chairman Nuhu Ribadu. When Ribadu was relieved of his position by the late President Umaru Musa Yar’Adua, Magu also lost his job. He moved on to other matters of importance, including making himself available as the presidential candidate of the ACN in 2011.

    Mrs. Farida Waziri took over and she was also relieved of her post as Chair. We have not heard much of her since. In her place, President Goodluck Jonathan appointed Mr. Lamorde EFCC Chairman and he brought Magu back to the commission. Lamorde finished his term and Magu was appointed as Acting Chair pending Senate confirmation. The Red Chamber has declined to confirm him on two occasions.

    Thus far, there is almost nothing interesting in the story. A new president has the right to hire and fire. Both Yar’Adua and Jonathan exercised their rights. No one has a right to complain of being fired. On its part, Senate has the constitutional responsibility of advice and consent or withhold consent. It is not a big deal.

    But in the case of the presidential nomination of Magu, there is a big deal because President Buhari who nominated Magu twice is the head of the executive branch of which the DSS is a part. What is the involvement of DSS and why does it raise a red flag of executive dysfunction?

    DSS is the Department of State Security Services, the agency with the responsibility for investigating and advising the president on matters of state security. This includes the screening of executive branch appointees like ministers, special advisers, heads of public agencies and, in this case, the EFCC chairman. The job of DSS is to advise a president on the suitability of a potential nominee.

    Normally, then, DSS should provide a president with its findings in a timely manner even before the nominee is presented to Senate for confirmation. The reason this is important is that a president does not want to be embarrassed should a potential appointee turn out to have a criminal background or a questionable integrity. DSS is the agency that helps the president to do his homework right. It stands to reason, then, to expect that once a president receives an unfavourable report about a potential nominee, he cannot proceed with that nomination, unless he is prepared to dare Senate or make a deal with that body. The projected persona of this president does not lend itself to the latter conjecture.

    But DSS issued a stinging report on Acting Chairman Magu. In its 14-paragraph report, the agency raised serious issues on the professional integrity of the nominee. This is where it starts to get interesting and weird.

    According to Magu, DSS issued two reports on him on the same day. One was addressed to the Clerk of the National Assembly. The second was addressed to the Special Assistant to the President on National Assembly Matters.

    One DSS report concluded with an advice against the confirmation of Magu. The other DSS report concluded with an advice in favour of the confirmation of Magu. It is not clear if it is only the conclusions of the two reports that are different and the contents the same. There is room for speculation here. I conjecture that the report which supported confirmation of Magu was sent to the Assistant to the President on National Assembly Matters (Senate), while the report which advised against his confirmation was sent to the Clerk of the National Assembly. How else might it be?

    If I am correct, it would explain why the President went ahead with the nomination of Magu. It makes sense that the Special Assistant to the President would have attached the positive report to the nomination. What we know for sure is that Senate received a negative report through its Clerk. As Magu ruefully intoned, “the two reports emanating from the same agency raise questions of sincerity and motive.”

    Without taking side in the matter of MAGU vs. DSS, two reports with different conclusions sent to two different bodies certainly raise questions of sincerity and motive. This would reasonably recommend discarding those reports and starting all over with a new agency or a new committee in DSS to objectively do a background screening of the nominee. It has been one procedural fiasco.

    Now, the substance of the allegations against Magu is weighty, touching on issues of corruption and questionable integrity. He was accused of keeping agency files in his house after he was sacked and it took a search of his residence on the order of the new chairman to retrieve the files. He was also accused of hobnobbing with corrupt individuals. For the man tipped to head the pre-eminent anti-corruption agency of the nation, the indictment is the moral equivalent of a death sentence.

    But can there be conviction and punishment without a hearing? DSS is an agency tasked with the protection of the security of the state. Can it do this without corroborating and confirming allegations against security risks? Magu has complained that he was not contacted by DSS for his defence of the allegations. This is another procedural failure!

    When the Attorney-General finally gave Magu the opportunity to defend himself within 48 hours, he appeared to discharge himself creditably in his point-by-point response to DSS allegations against him. If DSS had confronted Magu with its findings on each of the allegations, it could have received the same detailed response and that would have placed the agency in a better position regarding its report to the presidency and the Senate. It would also have saved it the embarrassment which an obviously biased approach has caused it.

    There is a final point. At the core of DSS and Magu face-off is the crucial matter of the integrity of the executive branch. Integrity here does not simply mean character. It means the integration and smooth functioning of all the parts. We talk about the integrity of a system because without it, dysfunction is inevitable. With dysfunction, total collapse is imminent.

    DSS is a part of the executive branch, the Presidency, to be precise. With a damning report of a presidential nominee going direct to Senate, blindsiding the President who is the head of the executive, it is simply amazing.

    The third plot in this salacious movie is the Senate. Of course, no one really expects the Red Chamber to be kind to the Acting Chair of EFCC under whose leadership many of the distinguished senators or their political associates have been grilled and prosecuted for corruption-related matters. Certainly, our senators can be fair-minded and in this case, I have no good reason to think that they are not. In fact, under the circumstances, I do not know if they could have done otherwise.

    They worked with the findings of DSS on the nominee. Of course, Magu’s response to the Attorney-General is not only in the public domain; the President himself supported his re-nomination of Magu with the justification that the nominee has been cleared of corruption charges by the Attorney-General.

    Why did the Senate not believe the President? Apparently because they consider him an interested party who wants his nominee to be confirmed. A more germane question is “why did the Attorney-General and the DSS not reconcile their positions based on Magu’s response to the Attorney- General?

    Hopefully, the executive branch is an effectively functioning system and is mindful of its grave susceptibility to a debilitating dysfunction.

     

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  • Ondo ambassadorial nominee faults DSS corruption allegation

    One of the ambassadorial nominees rejected by the Senate, Dr. Jacob Igbekele Daudu from Ondo State, has faulted a purported report by the Department of State Service (DSS) on which basis his nomination was rejected.

    Dr. Daudu said he has not personally seen the said report, but learnt of it when the Senate Committee on Foreign Affairs quoted the report which described him as deceitful and corrupt while serving as the Chairman of the Ondo State Agency for Road Maintenance and Construction (OSARMCO).

    He denied the attempt to cast him in bad light and wondered why the DSS, whose officials had screened him on many occasions including during the ambassadorial confirmation process without raising any issues, would suddenly turn around to issue a damaging report against his person without hearing form him.

    Dr. Daudu, who spoke in Abuja on Thursday in company of his lawyer, Babs Akinwumi, said although he is surprised at the sudden turn of event, he suspected that his rejection and the last minute’s withdrawal of supports by senators from his state were informed by a January 16 letter by his state’s governor, Rotimi Akeredolu, objecting to his nomination.

    He said, “I am still surprised at how the DSS later arrived at their conclusion. There is no fact to this. There is no basis on which I should be pronounced as corrupt and deceitful, particularly when nobody complained about my conduct. No petition against me, no court case against me and no court pronouncement to that effect.

    “I have my reservation as to why the Ondo State Governor wrote a letter of protest against my nomination in favour of another APC member from the Southern Senatorial district where all the federal appointments are localized.

    “I have worked to deserve my nomination for the ambassadorial position. I take strong exception to the report of the Senate and the purported DSS report.

    “This same DSS screened me as Special Adviser to my state governor in 2009, it screened me when I was appointed Chairman and Chief Executive Officer (CEO) of OSARMCO in 2010. The DSS also screened me when I was appointed as Commissioner in my state in 2012. I was further screened and cleared in 2013 by this DSS when I left public office in 2013.

    “I presented myself to the DSS at its headquarters for screening following my ambassadorial nomination in February 2017 without any issue. No invitation was made to me thereafter. Neither was there any question raised concerning my integrity.”

    The ambassadorial nominee also presented letters of commendation from his state government and state chapter of his party, describing him as a “man of honour.”

     

  • Boko Haram, others: DSS arrests suspects in Ekiti, Bauchi

    Boko Haram, others: DSS arrests suspects in Ekiti, Bauchi

    THE Department of State Services (DSS) has dismantled Boko Haram’s aggressive fundraising operations to finance its plans through kidnapping, armed robbery and gun-running.

    In a statement issued in Abuja yesterday, the DSS said it was questioning two suspects, Ibrahim Sule and Bello Shehu, who were arrested on March 13, at Nasarawa town in Kaduna State for alleged involvement in the kidnap of two Germans – Dr. Peter Breuning and Johannes Brehinger – at Pahkogo village in Kaduna State on February 22.

    According to the DSS, about 32 suspected members of Boko Haram, kidnapping and other criminal gangs were arrested in operations conducted in Ekiti, Bauchi, Yobe, Gombe, Nasarawa, Kaduna and Kogi states between February and March.

    The statement said: “Determined to sustain the prevailing peace and stamp out all cases of kidnapping in various states where it is taking root, the Service staged vigorous operations, which recorded successes.

    “The duo of Ibrahim Sule and Bello Shehu were arrested on March 13, 2017 at Nasarawa town, Nasarawa Local Government Area (LGA) of Kaduna State for their suspected involvement in the kidnap of two German nationals – Dr. Peter Breuning and Johannes Brehinger – on February 22, 2017 at Pahkogo, Kagarko LGA, Kaduna State.

    “On March 20, 2017, a suspected Boko Haram kingpin, Adenoyi Abdulsalam, was arrested in Ado-Ekiti, Ekiti State by a Joint Military/DSS operation team and an Ak-47 rifle was recovered from the suspect, who is presently undergoing investigation; Abdulsalam was in the final stages of kidnapping some high level targets in Ekiti, not only to raise funds but to terrorise communities in the State.

    “Prior to this arrest, several other Boko Haram suspects had been apprehended in various parts of Northern Nigeria, especially in  Bauchi, Yobe, Gombe, Nasarawa, Kaduna and Kogi.

    “Typical cases of arrest include that of 29-year-old Boko Haram member, Usman Ladan Rawa (a.k.a Mr. X) on March 17, 2017 at Lafia, Nasarawa State. He was discovered to have rented accommodation at Lafia for Abdullahi Isa, known for his notorious terrorist actions and his plan was to establish an effective base to conduct terrorism, kidnapping and robbery operations in Abuja, Minna, and other adjoining states.

    “On March 15, 2017, Nasiru Sani (a.k.a Osama) was arrested at Ahmadu Bello Way, Bauchi. He is a Boko Haram top commander, and discovered to have escaped from Bauchi Central Prison in October 2010 and hid in Maiduguri, Borno State.

    “Similarly, on the same March 13, 2017, at Jeka-da-Fari Market, Gombe State, Adamu Jibrin was arrested. He operated under the pseudo name of Dantata Sule and served as a middleman for Boko Haram members and their commanders, especially the one simply identified as Kanumbu.”

    According to the DSS, Adamu Jibrin along with Abdulazeez Umaru, who was arrested in Ngalda Town in Fika LGA, Yobe State on March 1 and Nuhu Usman, alias Okadigbo, who was arrested in Nagazi area in Adavi LGA, Kogi State on March 2, have allegedly confessed membership of the Boko Haram sect.

    On February 2, 2017, one Suleiman Yahaya, who had been on the wanted list of security agencies was arrested during a raid in Potiskum LGA, Yobe State, for his role in several terrorist attacks in Borno and Yobe states.

  • DSS arrests 32 Boko Haram fighters, others

    The Department of State Services (DSS) has claimed success in new operations aimed at dismantling Boko Haram’s aggressive fundraising operations to finance its plans through kidnapping, armed robbery and gun-running.

    In a statement issued in Abuja on Wednesday, the DSS disclosed said it is questioning two suspects, Ibrahim Sule and Bello Shehu, who were arrested on March 13 at Nasarawa town in Kaduna State for alleged involvement in the abduction of two Germans – Dr. Peter Breuning and Johannes Brehinger at Pahkogo village in Kaduna State on February 22.

    According to the DSS, about 32 suspected members of Boko Haram and other criminal gangs were arrested in operations conducted in Ekiti, Bauchi, Yobe, Gombe, Nassarawa, Kaduna and Kogi states between February and March this year.

    The statement said, “Determined to sustain the prevailing peace and stamp out all cases of kidnap in various states where it is taking root, the Service staged vigorous operations which recorded successes.

    “The duo of Ibrahim SULE and Bello SHEHU were arrested on March 13, 2017 at Nasarawa town, Nasarawa LGA of Kaduna State for their suspected involvement in the kidnap of two German nationals – Dr. Peter Breuning and Johannes Brehinger – on February 22, 2017 at Pahkogo, Kagarko LGA, Kaduna State.

    “On March 20, 2017, a suspected Boko Haram kingpin, Adenoyi Abdulsalam was arrested in Ado Ekiti, Ekiti State by a Joint Military/DSS operation team and an AK-47 rifle was recovered from the suspect who is presently undergoing investigation; Abdulsalam was in the final stages of kidnapping some high level targets in Ekiti, not only to raise funds but to terrorize communities in the state.

    “Prior to this arrest, several other Boko Haram suspects had been apprehended in various parts of Northern Nigeria especially in Bauchi, Yobe, Gombe, Nasarawa, Kaduna and Kogi States.

    “Typical cases of arrest include that of 29 –year-old Boko Haram member, Usman Ladan Rawa (a.k.a Mr. X) on March 17, 2017 at Lafia, Nasarawa State; he was discovered to have rented accommodation at Lafia for Abdullahi Isa, known for his notorious terrorist actions and his plan was to establish an effective base to conduct terrorism, kidnapping and robbery operations in Abuja, Minna, and other adjoining states.”

  • Senate, DSS v Magu, Presidency

    Senate, DSS v Magu, Presidency

    Citing a Department of State Services (DSS) report, the Senate has for the second time in three months rejected Ibrahim Magu’s nomination as Economic and Financial Crimes Commission (EFCC) chairman. It did not consider Magu’s antecedents as anti-graft czar in arriving at its decision. It has asked President Muhammadu Buhari to nominate another person for the job. Will he do that? What are his options under the law? ADEBISI ONANUGA sought lawyers’views.

    Will Ibrahim Magu eventually become Economic and Financial Crimes Commission (EFCC) chairman? This is a hard nut to crack, considering that he has been rejected twice by the Senate in three months. Last Wednesday, the Senate again turned down President Muhammadu Buhari’s request to confirm him, citing a Department of State Services (DSS) report.

    Last December 15, it rejected Magu because of the DSS report. In rejecting him again last Wednesday, it said, among others, that the President’s communication on the matter failed to address issues raised in the DSS report.

    Some Senators also expressed disappointment at Magu’s performance during the screening session. They said he failed to properly respond to some questions.

    However, there are insinuations that the Senate’s refusal to confirm Magu was partly influenced by the EFCC’s refusal to drop some high-profile probe.

     

    Magu’s growing reputation 

     

    Incidentally, barely a few days after Senate’s rejection, Magu was invited by two leading anti-corruption organisations, the Transparency International (TI) and Global Witness, to speak at a conference on money laundering and assets recovery, holding today (March 21) in London. Magu is expected to deliver a paper on the topic: “Give us our money back – Nigeria’s fight against corruption: A critical conversation”.

    The invitations, no doubt, were in recognition of the invaluable role the EFCC has been playing in the recovery of stolen funds in Magu’s more than a year in office.

    Under Magu, the commission has recovered billions in foreign and local currencies from corrupt politicians and public officers.

    A former Chief Security Adviser, Col. Sambo Dasuki, is in court on charges of corruption. Three former Chiefs of Air Staff -Alex Badeh, Dikko Umar and Adesola Amosu – and former Petroleum Minister Mrs Diezani Alison-Madueke, among others, are also facing charges of corruption involving huge sums of money.

    Local critics have, however, accused the anti-graft agency under Magu of becoming a tool for witch-hunting which disobeys court orders often.

     

     ‘Rush’ to amend EFCC Act

     

    To underscore the politics behind the refusal of the Senate to confirm Magu, the House of Representatives, last Wednesday, began the process of amending the EFCC Act (2004) and one of the major aspects of the proposed amendment is removing the power of the President to appoint the chairman of the commission and confer it on Nigerians through their representatives.

    The bill was tabled before a session of the House, presided over by the Speaker, Yakubu Dogara, shortly after the Senate took its decision on Magu.

    Already, four consolidated bills seeking to purportedly further empower the EFCC have passed second reading at a session.

    Hon. Bassey Ewa, who co-sponsored the bills, said: “This amendment will open up the EFCC so that the President will no longer be the sole person to either remove or appoint the chairman of the commission.”

     

     How should EFCC chair

    be appointed?

     

    Expectedly, the lawmakers’ rejection of Magu has generated widespread reactions, particularly because of the ongoing anti-corruption war. The Civil Society Legislative Advocacy Centre (CSLAC) and Zero-Corruption Coalition (ZCC), in a statement by Auwal Musa, expressed deep concern at the turn of events in view of the present administration’s determination to fight corruption from all fronts.  The coalition said it was worrisome that the man at the forefront of recovering stolen funds within and outside the country, was rejected for a second time by the Senate, despite his outstanding performance.

    There were arguments for and against on how the President should handle the appointment. While some viewed Senate’s position on the matter as unconstitutional, others saw it as an attempt to protect themselves and their political mentors from being investigated.

    While Section 2 of the EFCC Act deals with the composition of the EFCC and the mode of appointment of the chairman and members of the commission, a school of thought argued that Section 2 (3) of the EFCC Act, which subjects such appointments to be made by the President to the confirmation of the Senate as unconstitutional. To this school of thought, since the EFCC is not one of the commissions listed under Section 153(1)of the Constitution, the Senate cannot sit over the confirmation of the chairman under the EFCC Act. This school of thought also argued that Section 2 (3) of the EFCC Act conferred the power to appoint the chairman only on the President and no other person.

    Sections 153 (1) of the Constitution, provides that: “There shall be established for the Federation the following bodies, namely: Code of Conduct Bureau, Council of State; Federal Character Commission, Federal Civil Service Commission, Federal Judicial Service Commission, Independent National Electoral Commission, National Defence Council, National Economic Council, National Judicial Council, National Population Commission, National Security Council, Nigeria Police Council, Police Service Commission and Revenue Mobilisation Allocation and Fiscal Commission.

    Observers argued that these constitutionally recognised institutions are national institutions and that the EFCC, being a federal agency, is not one of those listed in the Constitution and, therefore, the National Assembly did not have the power to confer upon itself the right to participate in the execution of the law establishing it.

    To these groups, the President is at liberty to re-submit Magu’s name to the Senate for re-consideration and possible confirmation.

    The Executive Secretary of the Presidential Advisory Committee on Corruption (PACAC), Prof. Bolaji Owasanoye, said the committee believed that there was nothing inhibiting Magu from being in office as the Acting EFCC chairman. “If you look at Section 171 of the 1999 Constitution, the President is empowered to retain him as long as he wants in acting capacity. As long as the President remains in office, Magu can continue to act as EFCC chairman,” he said.

    He continued: “According to Section 171 (1) of the 1999 Constitution, power to appoint persons to hold or act in offices to which this section applies and to remove persons so appointed from any such office shall rest in the President.

    The offices, which this section applies are namely: (a) Secretary to the Government of the Federation (b) Head of 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.

    “An appointment to the office of the Head of Civil Service (HOS) shall not be made except from among the Permanent Secretaries or equivalent rank in the Civil Service of the Federation or of a State.  An appointment to the office of Ambassador, High Commissioner, or other Representative of Nigeria abroad shall not have effect unless the appointment is confirmed by the Senate.

    “In exercising his powers of appointment under this section, the President shall have regards to the federal character of Nigeria and the need to promote national unity.”

    He added: “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.”

    No doubt, the provisions of the EFCC Act has raised a lot of constitutional and non-constitutional issues on the confirmation of Magu as the EFCC chair on whether the President can appoint anyone in acting capacity when the law provides for a substantive appointment; whether the President can nominate Magu the third time; and if he  can, how long can he stay in office in acting capacity? What are the options for the President on the EFCC chair under the law?

     

    Magu’s rejection

    ‘illegal’

     

    Constitutional lawyers have, however, described Senate’s refusal to confirm Magu as unconstitutional.  They included Femi Falana (SAN), Former Chairman of the Nigerian Bar Association (NBA), Ikeja Branch, Monday Ubani, a member of the Ogun State Judiciary Service Commission, Abayomi Omoyinmi, Chairman, Committee for the Defence of Human Rights (CDHR), Malachy Ugwummadu, and Welfare Secretary of the NBA Mr Adesina.

    Falana listed three options open to President Buhari, given the development on Magu. According to him, “the President may re-present Magu to the Senate if and after the government must have put its house in order; alternatively,  the President may allow Magu to remain the Acting Chairman of the EFCC since he was  appointed in that capacity pursuant to Section 171 of the Constitution” adding, however, that “ if the President is not satisfied with Mr. Magu’s performance, he is at liberty to appoint another person whose nomination will be forwarded to the Senate in accordance with Section 2 (3) of the EFCC Act, 2004″.

    Falana described Magu’s rejection  as the height of official ridicule of the office of the President. “It is high time the SSS is restrained by President Buhari from sabotaging the fight against corruption by the Federal Government,” he stated.

    He also described as illegal the hurried sitting of the Senate on the matter, noting, that “the participation of many senators, who are either under investigation or being prosecuted by the EFCC, has vitiated the entire proceedings on ground of conflict of interest. It is also a contravention of the Rules of the Senate, which stipulates that matters, which are sub judice shall not be discussed by the Senate”.

    Ubani, on the other hand, noted that the EFCC Act and the Constitution were clearly silent on how long Magu will be in acting capacity. Unlike the position of the CJN that was settled recently on which the Constitution was explicit on how long the nominee can be in acting capacity, that of the EFCC Chairmanship is not specified either in the EFCC Act or the Constitution. A vacuum and lacuna have, therefore, been created in this regard.

    Ubani said the the President could renominate Magu for the third time if he so wishes, but any renomination without proper and effective lobbying would be a sheer waste of time.

    He said the President could exploit the vacuum created by the law and keep Magu in acting capacity for a period not more than the tenure prescribed by the EFCC Act.

    “The President has several options: he can drop Magu and nominate another qualified candidate or he can retain him in Acting Capacity for a period that is not more than the tenure prescribed by the EFCC Act or he can renominate Magu and accompany it with high level lobbying  that must ensure his confirmation, but he must have that assurance from the Senate  before he can renominate him. It is a daunting task and I do not envy the Presidency at all,” he said.

    He, however, noted that it was  appalling for an agency under the presidency to send reports against a candidate nominated by the same executive. “My candid opinion on Magu’s confirmation is that forces from the executive, legislature and the two main political parties all worked together to ensure that Magu was not confirmed. They are fighting back on some known and unknown wars. However, many Nigerians know better. The fate of confirming Magu by this present Senate appears  sealed for ever. I will advise the President not waste his time and that of the nation in renominating Magu to this Senate,” he added.

    Omoyinmi said the President could nominate Magu for the third time and probably beyond as there was no law that said it could not be done.  Omoyinmi recalled that former President Olusegun Obasanjo did a similar thing with former Aviation Minister Prof. Babalola Aborisade, when he was rejected by the Senate.

    “So, there is nothing stopping Magu from being in office as the acting  EFCC boss. Section 171 of the 1999  Constitution empowers the President to retain him as long as he wants in acting capacity,” he argued.

    Ugwummadu said the refusal of the Senate to confirm Magu was borne out of selfish interests of senators rather than any altruistic and patriotic concerns for the country, and that it attested to their position that corruption is not only fighting back, but throwing spanners in the wheels of anti-corruption crusades.

    Ugwummadu pointed out that such embarrassing situation would not have featured at all had the presidency guaranteed better communication and co-ordination of its activities.

    He argued that the statutory powers of the Senate under Section  2(3) of EFCC (Establishment) Acts 2004 should not be examined in isolation and in total disregard of the greater constitutional obligation under Section 15(5) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), which they swore to uphold as one of the cardinal objectives and directive principle of the State policy to abolish all forms of corruption and abuse of office in Nigeria.

    He, however, urged President Buhari to allow Magu to continue as acting chairman of the EFCC since it did not lie with the Senate to unilaterally determine who must be the President’s nominee. They merely need to confirm the President’s appointment, which they have arrogantly refused to do.

    Adegbite observed that both the Constitution and the EFCC Act empowered only the President to nominate and appoint the Chairman of the EFCC.

    He said, however, that the power to appoint is subject to the confirmation of the Senate.

    “The consequence of this constitutional power of the Senate is to the effect that the President cannot effectively appoint the EFCC Chairman without the concurrence of the Senate. Therefore, we can safely say that both the Senate and the President are empowered to determine who becomes the Chairman of EFCC.

    “Invariably, the current scenario being played out offers a spectacular opportunity to put the powers to appoint the EFCC Chairman in perspective. The Senate having rejected Magu on two occasions, have displayed their undoubted reservation for the person of Magu. But their failure to confirm Magu does not stop him to continue to act as chairman until the President nominates a fresh candidate for that office. If Magu stays put in office, he has in my view done nothing wrong.

  • Senate rides on DSS ambush to reject Magu

    Senate rides on DSS ambush to reject Magu

    SENATORS  yesterday again turned down Ibrahim Magu’s nomination for confirmation as Economic and Financial Crimes Commission (EFCC) chairman.

    The upper chamber relied on the Department of State Services’ (DSS’) revalidation of its report on Magu to refuse the confirmation.

    The lawmakers had on December 15, 2016 rejected Magu’s nomination based on a negative report by the DSS.

    Magu, who appeared before the Senate’s committee of whole at 11.55 am, was asked to go by 1.38 pm.

    In his opening remarks, Magu told the Senate that despite the efforts of the Federal Government, corruption remained not only pervasive but endemic in the country.

    Appointed in acting capacity by President Muhammadu Buhari on November 9, 2015, Magu said he was committed to the anti-corruption war.

    He declared his readiness to restore the glory of the EFCC by intensifying investigation and recover looted funds.

    The EFCC, he said, is focusing on community ownership of the anti-corruption war.

    He drew connection between the economic challenges facing the country and the endemic corruption.

    Magu also said that the anti-corruption body would focus more on prevention of corruption.

    The DSS’ letter the Senate relied upon to reject Magu’s nomination was dated 14th March, 2017 and addressed to the Clerk, Senate of the Federal Republic of Nigeria.

    It was received by the office of the Senate Clerk at 5.02pm on Tuesday.

    It is entitled: “Re: Nomination of Mr. Ibrahim Magu Mustapha as Executive Chairman of the Economic and Financial Crimes Commission (EFCC) security report on the nominee.”

    The three paragraph letter read: “Your letter NASS/CS/SA/01/17/08/02 dated 7th March, 2017; requesting for security report on the above named nominee, refers.

    ”The security report being requested for on Ibrahim Magu Mustapha, the nominee for the Executive Chairmanship position of the Economic and Financial Crimes Commission has already been submitted to the Senate via Services’ letter No. SV114/2 of 3rd October, 2016, containing fourteen (14) paragraphs.

    ”Please accept once again the assurances of the esteemed regards of the DGSS.”

    The letter was signed by F.O. Adams for Director-General, SS.

    Asked to tell the Senate his response to the DSS report that made President Buhari resubmit his name for confirmation, Magu told the Senate that his response was made in writing.

    He added that he would have made a copy available if he knew the issue would come up during his screening.

    Magu said some senators knew how the EFCC started and how some of them were chased away.

    The nominee said he was detained for two weeks and placed on suspension for 20 months on the claim that he kept official files.

    He said he was later recalled and given double promotion.

    Magu said: “Your Excellency you are aware of this.” There was laughter in the chamber but Senate President Bukola Saraki quickly quipped: “Mr nominee, I am only aware of what is on record.”

    Saraki reiterated that Magu’s response to the DSS report was important and the Senate would want to share how he responded to the report.

    Magu said there were two reports and added that the claim that he was living in a house paid for by an Air Force officer was false.

    The house, he said, was secured and paid for by the Federal Capital Development Authority.

    Magu said he did not even know when the rent would expire.

    On why Sambo Dasuki is still in detention, he said Dasuki was being detained in line with the Administration of Criminal Justice Act, 2015, which gives the prosecution the powers to apply to the court for extension of detention period.

    Magu said: “At times in the course of interrogation, some facts do come up that would require further investigation. We don’t detain people unnecessarily.”

    On seizure of property by the EFCC, Magu said before any property is seized, it must have been investigated and traced to proceeds of corruption.

    He added that after investigation, the matter would be charged to court, which will determine whether the property will be released to the owner or forfeited to the government.

    On detention of people, he said the EFCC do not arrest people.

    Magu noted that there must have been thorough investigation before a suspect is invited to the commission.

    As the screening progressed, Senator Shehu Sani (Kaduna Central) told Magu: “Today is the Ides of March. It is a very memorable day in the history of the Roman Empire when Caesar was executed when he came to the Senate. So may the Lord be with you.”

    Sani continued: “We have seen reports of detainees dying in detention and people are reportedly being badly treated.”

    But Magu insisted that there was always due process “in every thing we do”.

    He added: “I am not saying what we are doing are completely right. I won’t say that.”

    Magu noted that the issue of Desmond, who died in EFCC detention, was “regrettable” and “unfortunate”.

    He said when the detainee fell ill, he was rushed to the hospital where he was confirmed dead.

    He noted that immediately Desmond was confirmed dead, his body was moved the National Hospital, Abuja.

    Magu said that the rule in the hospital is that “you cannot bring anybody from outside to do the autopsy.

    He said since it was a case of sudden death, it was reported to the police for investigation.

    The body of the deceased, he said, is still in the mortuary at the instance of his relations.

    On how much EFCC has recovered, Magu said it was difficult for him to be specific.

    The agency, said Magu use the technique of tracing, identification and recovery to recover looted funds.

    He said recently some officials went to Dubai and United Kingdom in search of looted funds.

    On why Dasuki alone is being prosecuted, Magu said everybody that needed to be invited for interrogation in Dasuki case had been invited.

    He said: “Body language or no body language, the commitment of Mr. President to fight corruption is not in doubt.”

    On Diezani Alison-Madueke, the former Oil minister, Magu said the agency was not probing her alone as being insinuated.

    He noted that Mrs. Alison-Madueke escaped to London with some directors involved in the matter.

    Magu noted that because the matter was in court, he would not want to speak on it.

    On the whistle-blowing policy, he described it as new, adding that it is still fine-tuning for effect.

    On the sale of a Certificate of Occupancy (C-of-O)by EFCC operatives, Magu said he was not aware of the matter.

    He said he would get back to his office to find out the truth about the information.

    Magu admitted corruption exists in EFCC.

    He said there was no political influence on the trial of some judicial officers.

    The tone of the screening changed completely when Senator Dino Melaye (Kogi West) read the DSS letter reaffirming its report that Magu should not be confirmed.

    Melaye specifically referred to paragraph 14 of the controversial report which states: “In the light of the foregoing, Magu has failed the integrity test and will eventually constitute a liability to the anti-corruption drive of the present administration.” It was received by the Senate at 5.02 on Tuesday.

    But Magu promptly fired back that the DSS lacked integrity to indict him.

    Magu said: “What does it say of an agency that submitted two varying reports on the same person, the same day?

    ”Up till now, the DSS has not given me a chance to hear from me. I have not be given fair hearing by the DSS.”

    He insisted that he did not know how the house he was living in was rented.

    Saraki said there was an administrative issue that needed to be cleared – receiving two letters from the DSS.  “We will get the Clerk to confirm that,” he said.

    The Clerk, Mr. Nelson Ayewoh, told the Senate that only one letter was received.

    The clerk said that the letter received on Tuesday and dated 14th  March, 2017 was reaffirmation of the earlier letter by the DSS.

    Saraki ruled that the Senate had heard enough from Magu and asked him to leave.

    When he put the question whether the Senate would confirm Magu’s nomination as EFCC chairman, though some said “aye”, majority said “nay”.

    Sarki ruled that the “nay” had it.

    Former Senate Leader, Mohammed Ali Ndume queried why the Senate relied on a letter not signed by the DSS DG, Lawal Daura, to reject Magu.

    Ndume recalled that only on Tuesday the Senate rejected a letter written by an Assistant Comptroller of Customs on the payment of duty on old vehicles.

    He wondered why the Senate would accept another letter not endorsed by the DSS DG.The Presidential Advisory Committee Against Corruption (PACAC) last night backed Magu to remain in office in acting capacity.

    Its chairman Prof Itse Sagay (SAN) said after consultations with members, PACAC had passed on a vote of confidence on Magu.

    “PACAC wishes to express its confidence in Magu and hope that he will be confirmed in due course.

    “He can also continue to carry out his duties in acting capacity,” Sagay said.

  • DSS’s Indictment letter on Magu to Senate

    DSS’s Indictment letter on Magu to Senate

    RE: NOMINATION OF MR IBRAHIM MAGU MUSTAPHA AS EXECUTIVE CHAIRMAN OF ECONOMIC AND FINANCIAL CRIMES COMMISSION (EFCC) SECURITY REPORT OF THE NOMINEE

    Your letter NASS/CS /SA/01/17/ 08 /02 dated 7th March 2017 requesting for security report on the above named nominee refers
    The security report being requested for on Ibrahim Magu MUSTAPHA the nominee or the Executive Chairmanship position of the Economic and Financial Crimes Commission has already been submitted to the Senate via this Services’ letter No. SV.114/ 2 of 3rd October 2016 containing fourteen (14) paragraphs.
    Please accept once again the assurances of the esteemed regards of the DGSS.
     F. O. ADAMS
    For: DIRECTOR-GENERAL, SS

    August 2008, following a search at his residence during the tenure of Farida WAZIRI (AIG/Rtd) as the commission’s chairman, some sensitive EFCC documents which were not supposed to be at his disposal were discovered. He was subsequently redeployed to the police after days of detention and later suspended from the Force. In December 2010, the Police Service Commission found Magu guilty of “Action prejudicial to state security, withholding of EFCC files, sabotage, unauthorised removal of EFCC files and acts unbecoming of a Police officer,” and awarded him severe reprimand as punishment.

    “4. Notwithstanding, sequel to the appointment of Ibrahim Lamorde as Chairman of the EFCC in 2011, he made the return of Magu to the EFCC a top priority. Both men had worked together at the commission when Lamorde served as Head of Operations of the agency. Magu remained a top official of the commission until he was appointed to succeed Lamorde.

    “5. Magu is currently occupying a residence rented for N40m, at N20m per annum. This accommodation was not paid for from the commission’s finances but by one Umar Mohammed (Air Commodore/Rtd), a questionable businessman and ally of subject who has subsequently been arrested by this service. For the furnishing of the residence, Mohammed enlisted the Federal Capital Development Authority to award a contract to Africa Energy, a company owned by the same Mohammed to lavishly furnish the residence at the cost of N43m.

    “6. Investigations show that the Acting EFCC Chairman regularly embarks on official and private trips through a private carrier, Easyjet, owned by Mohammed. In one of such trips, Magu flew to Maiduguri, alongside Mohammed and the MD of Fidelity Bank, Nnamdi Okonkwo, who was being investigated by the commission over complicity in funds allegedly stolen by the immediate past Petroleum Minister, DiezaniAlison-Madueke.

    “7. Furthermore, the EFCC boss has so far maintained a high profile lifestyle. This is exemplified by his preference for First Class air travels. On 24th June, 2016, he flew Emirate Airlines’ First Class to Saudi Arabia to perform the Lesser Hajj at the cost of N2,990,196. This is in spite of Mr. President’s directive to all public servants to fly Economy Class.

    “8. Investigation also revealed that Magu parades a twin personality. At one level, he is the czar who has no friends, no favourites and is ready to fight corruption to a standstill. However, with a key friend in the person of Umar Mohammed (Air Commodore/Rtd), a controversial businessman, he has betrayed the confidence reposed in him by the present administration. Whereas Magu portrays himself as very secretive, he has fostered a mutually beneficial relationship with Mohammed who, by his confession, approaches ‘clients’ for possible exploitation, favours and associated returns. This was facilitated with official secrets divulged by Magu and from which dealings he is believed to have been drawing considerable benefits.

    “9. This was evidenced by the number of official and classified documents he made available to his associates, especially Mohammed. After a search of Mohammed’s premises, a forged letter of the Office of the Vice President, dated 20th May, 2016, was recovered. The letter was a fictitious investigation report from Vice President to Mr. President, requesting for approval to commence further probe into a matter allegedly involving Hon. Minister of State Petroleum. Attached to the letter were two EFCC letters dated 13th April, 2016, and another 24th March, 2016, addressed to the Vice President being investigation reports on the activities of Emmanuel Kachikwu and his brother Dumebi Kachikwu. Similarly recovered during the search were information on assets and personal details of Kachikwu.

    1. Also, following the arrest of three former Airforce chiefs by EFCC, namely, Alex Badeh, Umar and Amosu from whom huge sums of money and property were recovered, Umar and Alex Badeh were arraigned in court. It was only after the arrest of Mohammed by this service that the EFCC hurriedly arraigned Amosu. Mohammed later confessed that he never wanted Amosu tried, describing him as his former boss and he saw in MAGU, a willing accomplice.

    “11. Furthermore, findings revealed that in a bid to settle some personal scores, subject placed one Stanley Inye Lawson on a Security Watch Action, while in actual fact Lawson was working in the interest of the Federal Government. However, the action was later expunged following the discovery that Lawson was falsely accused by Magu for personal reasons.

    “12. The circumstances surrounding Magu’s return to EFCC at the instance of the former chairman, Lamorde, and their close working relationship ever since is a clear indication of his culpability in the allegations of corrupt tendencies of the Lamorde led EFCC.

    “13. To cover his tracks, Magu uses only his police cronies to execute operations. This, coupled with discoveries that such police cronies have acquired a lot of landed property, lends credence to the questions about his integrity.

    “14. In the light of the foregoing, Magu has failed the integrity test and will eventually constitute a liability to the anti-corruption drive of the present administration.”