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Tag: Magu

  • No going back on Magu’s rejection – Senate

    No going back on Magu’s rejection – Senate

    The Senate insisted on Friday that it would not go back on the decision to reject Ibrahim Magu as Chairman of the Economic and Financial Crimes Commission (EFCC).

    The Chairman of Senate Committee on Media and Public Affairs, Aliyu Sabi Abdullah, declared that rejection of Magu by the upper legislative chamber “still stands.”

    The Senate spokesperson was reacting to Thursday declaration by the Presidency that Magu will remain the EFCC boss irrespective of Senate’s demand for his sack.

    The Acting President, Yemi Osinbajo, who made the declaration, said “Magu would remain EFCC chairman as long as he is the acting President and as long as Muhammadu Buhari remains President.”

    He spoke through Kaduna State Governor, Mallam Nasir El-Rufai, at the inauguration of the EFCC zonal office in Kaduna.

    Osinbajo said President Buhari resolved to work with Magu to prosecute his administration’s anti-graft war.

    Abdullah, in his Friday’s reaction, said, “Senate has already made its resolution, and our resolutions are official statements. And most times, based on how we communicate. We don’t go to press immediately because somebody has made a statement. We usually discuss issues. You know before we made that resolution the issue was debated. It is not because the executive has said something, we will react to it. We discuss issues first.

    “He was brought to us for confirmation, and on the basis of damning reports from the DSS, we rejected him twice. It is left for Nigerians to see and we have done our part.”

    “We are expressing the opinion of the Senate, its stand and its position. We have given it a resolution. For now that is what subsists, and until we get a response, otherwise officially, we are not going back.”

     

     

  • Osinbajo: Magu stays

    Osinbajo: Magu stays

    Opponents of Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu have lost a major battle.

    The Federal Government yesterday reaffirmed its support for Magu, rejecting the Senate’s threat to shun confirmation of nominees if the EFCC chief remains.

    Its rejection of Magu’s confirmation, the Senate said, should be respected. Besides, the Senate said Acting President Yemi Osinbajo should apologise to it for his comment that it lacked the power to confirm certain categories of public officers.

    But Prof. Osinbajo, who spoke in Kaduna during the inauguration of the EFCC zonal office, described Magu as the man for the job. He was represented by Kaduna State Governor Nasir El-Rufai.

    Osinbajo said: “We have every confidence in Magu to fight corruption to a standstill. He will remain the EFCC chairman as long as I remain the Acting President and as well as Muhammadu Buhari remains the President.

    “It is our belief that Magu will continue to remain a nightmare for corrupt people for years to come.

    ”Mr Chairman, two weeks ago, I discussed the EFCC and your appointment with President Muhammadu Buhari and he told me he has every confidence in you and every confidence in the commission and the work that you have been doing, and as long as he is president you remain the chairman of the EFCC,’’ he said.

    El-Rufai also told the gathering that the Acting President was also solidly behind Magu.

    “Last night, I spoke with the Acting President, Prof. Yemi Osinbajo, who reconfirmed the position of the President and told me that as long as he remained the Acting President or Vice President, Ibrahim Magu would remain the chairman of the EFCC.

    “That is the only message from the President; so those thinking that corruption is winning this war, Magu would remain their nightmare for the next two years or six years as the case may be.’’

    The governor said his administration donated the office to the EFCC to demonstrate its “zero tolerance for bad behaviour by public office holders, contractors, businesses and citizens.

    “We applaud the leadership of the EFCC for taking the significant step to establish a state office in Kaduna.

    “I assure you that you can continue to count on us in Kaduna to support the commission in every facet of its activities.

    “We have set aside land for your training school awaiting the submission of your application.

    “We have also set aside land to build your staff housing estate, if you so require.”

    El-Rufai said the state was the first to adopt the Federal Government’s policy on Single Treasury Account (TSA).

    The governor explained that as a result of that, over N25 billion was realised by the government after it closed about 470 accounts with commercial banks.

    He said the anti-graft agency had assisted the state government in recovering over N400 million from corrupt public officials

    Magu said looters should be sent to the Sambisa Forest to purge them of their looting instincts. He called for public support for the agency in the fight against corruption.

    Magu said Nigerians should do what is expected of them to reclaim their common wealth stolen by a few corrupt individuals.

    “If we can pause and trace the root cause of the problem that confronts us as a nation, we will discover they are all linked to corruption.

    “Corruption is the cause of the recession that has pushed our people deeper into poverty and the insurgency that has visited death, displacement and untold hardship on Nigerians in the Northeast.

    “This is the reason I have suggested that we set up prison for the corrupt in the Sambisa forest, where they can be kept away and have the sobriety to be truly reformed,” Magu said.

    The EFCC chief added: ”In this case, the judiciary has direct influence to help in the fight against corruption.

    “But concerted efforts are being made by some big Nigerians to neutralise the fight against corruption.

    “We must change the narrative by fighting back those that do not want the fight to succeed.

    “I remain committed to the fight against corruption, and I commend the Kaduna State Governor, Mallam Nasir El-Rufai, for encouraging EFCC to establish a zonal office in Kaduna.

    “We must, therefore, join hands together to kill corruption before corruption kille us.”

  • Senate not vested with power to remove Magu, says Falana

    Senate not vested with power to remove Magu, says Falana

    ACTIVIST lawyer Femi Falana, SAN, has said that the Senate lacked the power to confirm or approve any person appointed by the President to hold office in an acting capacity.

    He advised the presidency to ignore the resolution of the Senate on the removal Magu.

    According to him, the Senate’s resolution on Magu’s continued stay in office in acting capacity was illegal.

    He recalled: “Mr. Ibrahim Magu was appointed as Acting Chairman of the Economic and Financial Crimes Commission in November 2015 by President Mohammadu Buhari.

    “The appointment was made by the President sequel to section 171 (1) of the Constitution. After Mr. Magu had acted in that capacity for over a year the Senate refused to confirm his appointment as the substantive Chairman of the EFCC. However, as President Buhari was satisfied with the performance of Mr. Magu he decided to retain him as the Acting Chairman of the EFCC.

    “A couple of days ago, the Senate revisited the matter. In a rather bizarre move the Senate decided to combine legislative powers with executive functions by passing a resolution which purportedly directed the Acting President, Professor Yemi Osinbajo SAN to remove Mr. Magu from the post of the Acting Chairman of the EFCC forthwith.

    “The resolution of the Senate was alleged to have been anchored on Section 2(3) of the EFCC Act which provides as follows:

    The Chairman and members of the Commission other than ex-officio members shall be appointed by the President and the appointment shall be subject to confirmation of the Senate.”

    But in a statement yesterday entitled: “The illegality of Senate Resolution on Mr. Ibrahim Magu!”, Falana said the action of the senate constitutes an affront to section 171 (1) of the Constitution.

    He said the Senate ought to have known from the clear and unambiguous provision of Section 2 (3) of the EFCC Act that the it has not been vested with the power to confirm or approve  any person appointed by the President to hold office in an acting capacity before passing its resolution.

    He said: “To that extent, the resolution of the Senate constitutes an affront to Section 171 (1) of the Constitution which stipulates that Power to appoint persons to hold or act in the offices to which this section applies to remove persons so appointed from any such office shall vest in the President”.

    He listed the offices in this category to include: Head of Service; Secretary to the Government of the Federation; Permanent Secretaries and Heads of extra-ministerial departments.

    The statement reads: “It is further submitted that Section 2 (3) of the  EFCC Act relied upon Senate to justify the confirmation of the Chairman of the EFCC is inconsistent with Section 171 (2) of the Constitution.

    “Indeed, of all the positions listed in subsection 2 of the Constitution it is only in the appointments of ambassadors and high commissioners made by the President which require the confirmation of the Senate. See Section 171(4) thereof.

    “Since the EFCC is an extra ministerial department of the Federal Government the appointment of its chairman does not require the confirmation of the Senate. In other words, Section 2 (3) of the EFCC Act is inconsistent with section 171 (2) of the Constitution. To that extent, the resolution of the Senate based on the EFCC Act is an exercise in futility.”

    He noted, however, that neither the Presidency nor the Senate has deemed to seek interpretation of the relevant provisions of the Constitution from the Supreme Court the power of the President of the Republic to make certain appointments without the confirmation of the Senate had been challenged.

    To buttress his position, he cited Festus Keyamo’s suit versus the President and four others in which the plaintiff challenged the appointment of service chiefs without the confirmation of the Senate.

    He said: “The trial court set aside the appointments as the power of the President to appoint service chiefs under Section 218(2) of the Constitution is on the ground that the appointments were qualified by Section 218(4)(b) thereof which provides that the National Assembly shall have power to make laws for the regulation of “the appointment, promotion and disciplinary control of the members of the armed forces of the Federation.”

  • Sagay backs Osinbajo on Magu

    Sagay backs Osinbajo on Magu

    The Chairman of the Presidential Advisory Committee Against Corruption (PACAC), Prof Itse Sagay (SAN), on Thursday backed Acting President Yemi Osinbajo’s position that the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, would remain in office.

    Sagay said the presidency’s position was anchored on the provisions of the 1999 Constitution, which he said supersedes the EFCC Act.

    But, another lawyer Mallam Yusuf Ali (SAN), believed the provision of the EFCC Act was valid, and that there would have been no conflict with the Senate if the executive had complied with the law.

    Two other SANs, Prof Koyinsola Ajayi and Norrison Quakers, called for caution and dialogue.

    They spoke in separate telephone interviews with our correspondents.

    To Sagay, Section 2 (3) of the EFCC Act which provides that the commission’s chairman’s appointment was subject to Senate confirmation was void.

    “The Section is absolutely void. A court doesn’t need to pronounce it void.  Every Nigerian can interpret the Constitution, and the lawyers particularly can interpret it. There is no judge on any Bench in Nigeria today that qualified before me. I am more qualified than all of them and I qualified long before them. What are they interpreting that I cannot?

    “The truth is that the provision in EFCC Act and any other Act that says the President must get clearance from the Senate before appointing the heads of these agencies or an extra-ministerial body is null and void.

    “The Constitution has clearly provided for the President to so appoint without any reference to the Senate. That is the law of this country. The fact that we have been practicing invalid law does not mean we cannot wake up one day and do the right thing,” Sagay said.

    On whether the EFCC Act’s provision needs to be amended, he added: “No. You just ignore it. It doesn’t exist in law. It is invalid, it is null and void.”

    Sagay, however, said it was not a bad idea for the Supreme Court to be called upon to resolve the impasse.

    “It is not a bad idea for the Supreme Court to be asked to intervene. But I’m telling you this is my interpretation. Any other interpretation that is contrary to this is dishonest. It means they have some private agenda that is contrary to the interest of Nigerians in the face of clear provisions of the Constitution,” he said.

    Sagay praised Osinbajo for backing Magu.

    He said: “Since the passage of our first leaders, like Awolowo, Azikiwe and Ahmadu Bello, we have not been lucky enough to have highly principled, consistent, committed men of great integrity and honour like President Buhari and Vice President Osinbajo. Perhaps the only other previous administration close to the present one is the Murtala Mohammed/Obasanjo administration.”

     

     

  • Senate draws battle line with Osinbajo over Magu

    Senate draws battle line with Osinbajo over Magu

    Senators won’t honour confirmation requests

    Sagay, Ngige, others kick

    As a society, we can’t pass laws and say these laws should not be obeyed. It is very clear these resolutions as passed must be acted upon by the Acting President —Saraki

    Senate should be ready to bear the consequences of bringing government to a halt, should it make good its threat to suspend confirmation of appointments…             —Sagay

    I think what the Senate resolved to do by going on strike, as it were, is undemocratic and tantamount to arm-twisting the executive.
    —Ngige

    what appeared to be the resumption of the face-off between the Executive and the Legislature took place in the Senate yesterday.

    The upper chamber resolved to ask Acting President Yemi Osinbajo to immediately implement its resolutions, including the removal of Economic and Financial Crimes Commission (EFCC) Acting Chairman Ibrahim Magu.

    It drew a line in the sand,  resolving to suspend confirmation of nominees until issues relating to the power of the Senate to confirm executive nominees as contained in the constitution are resolved.

    The Senate insisted that its resolutions, especially the rejection of nominees, must be adhered to by the Acting President.

    Those, whose nominations were rejected, the lawmakers said, must be relieved of their duties.

    The lawmakers wondered why the EFCC Acting Chairman whose nomination was turned down was still being haboured by the Executive.

    The Senate also resolved to ask Osinbajo to withdraw a statement credited to him that the Senate lacked the powers to confirm nominees.

    The resolutions came after over one hour closed session where the lawmakers were said to have discussed the issues that formed the thrust of the decisions.

    The lawmakers warned of dire consequences should the resolutions be ignored by the Executive.

    The EFCC is investigating some senators for alleged corruption.

    Senate President Bukola Saraki had read a letter of request for the confirmation of the appointment of Mr. Lanre Gbajabiamila as Director General, National Lottery Regulatory Commission, sent to the Senate by Osinbajo.

    Hardly had Saraki concluded reading the four-paragraph letter dated 12 June, 2017 when Senator Ahmed Sani Yerima moved a point of order that the Acting President’s position on confirmation of nominees should be discussed.

    Senator Yerima’s Point of Order opened a floodgate of attacks on the Executive as senators took turns to speak on the relationship between the two arms of government.

    Saraki, who summed up the contributions of apparently angry senators, alluded to this when he insisted that the resolutions must be complied with.

    Saraki said: “Distinguished colleagues, let me thank Senator Yerima for coming under Privileges. I think this matter is a very important matter but I think we need to address it once and for all and put it behind us.

    “Because as a society, we can’t pass laws and say these laws should not be obeyed. It is very clear these resolutions as passed must be acted upon by the Acting President.

    “And ensure that we continue to respect our democracy, our laws and constitution. It is not for us to choose which laws we obey and which laws we don’t obey.

    “That is not the way any civilised, modern society works. And we hope that the Acting President will take appropriate action in line with these resolutions.”

    Yerima (Zamfara West), who raised Order 14 of the Senate Standing Rules (Privileges), noted that since the Acting President concluded that the Senate lacked the power to confirm nominees, there was no need to acknowledge any letter from the executive on confirmation of appointments.

    He said: “I want to draw the attention of the Senate to a statement credited to the Acting President, Professor Yemi Osinbajo that the Senate does not have the power to confirm.

    “I was surprised to see the Senate President read a letter from the same Acting President, who said the Senate does not have the power to confirm a nominee from the executive.

    “I am raising this point of order to draw the attention of the Senate to this issue and urge that we suspend any further action on confirmation of any nominee until the issue is resolved.”

    Senator George Sekibo (Rivers East) asked the Senate to take a firm position and reject any attempts to weaken the National Assembly.

    Sekibo said: “A careful look at what is happening will tell Nigerians that they are trying to indirectly take over our responsibilities. The main function of the National Assembly is to make laws. The clearing of nominees from the President is one of the major functions of the Senate.

    “All the various laws made to establish agencies of the Federal Government state that we will confirm nominations into such bodies. When an Acting President says that the Senate has no powers to confirm, I wonder if he is familiar with the provisions of the 1999 Constitution as amended.

    “In a civilian democracy, there is nothing like an executive order. You cannot wake up and issue executive orders. You cannot also wake up and tell nominees to take over office. This goes contrary to the provisions of the constitution.

    “The moment you are playing down on the constitution, then you are playing down on the integrity of the Nigerian people. If the Acting President said we do not have the powers to confirm and he is sending a name that we should confirm, then what do we do? Senate should place a suspension on nomination until we determine whether we have the powers to confirm or not.”

    Senator Isa Hamma Misau (Bauchi North) lamented what he described as “the hypocrisy of the executive”.

    Misau wondered why “the National Assembly should always be blackmailed by the executive to do their bidding”.

    He said: “This is a double standard or an act of hypocrisy. It is like they do not want this National Assembly to function properly. Sometimes, we associate corruption with only financial misappropriation. But there is also corruption in the area of appointments. When you appoint your friend into an office, it is corruption. We are here to serve the people.

    “The National Assembly is being blackmailed. They stormed the house of the Deputy President of the Senate and the house of the Appropriation committee chairman. They lied that it was the police that carried out the raid. But we know that it was the EFCC. It is time that we challenged the executive whenever they attack us.”

    Senator Samuel Anyanwu (Imo East) said: “We must situate this issue. I am surprised that we still accept nominations in this chamber. We agreed that we will not take nominations again from the executive until certain things are resolved. We must take a stand. The leadership does not do anything about this issue within 48 hours, we will move against the leadership.”

    Senator Dino Melaye (Kogi West) said the Executive was always playing  “blues and raggea.”

    Melaye, who is fighting for his political life because of the attempt by some of his constituents to recall him, said that the Senate should stand up to the Executive and its antics.

    He said: “There is a call on senators to serve Nigerians. It is time for us to tell the executive to stop playing blues and dance reggae. The executive must stop approbating and reprobating powers to itself.  In this same chamber, we invited the Acting EFCC chairman. We invited him for a job interview and he failed. We rejected him.

    “As I speak, Magu is still parading himself as EFCC chairman. Now, the same executive is sending a name for us to confirm. We confirmed Resident Electoral Commissioners before we went on break. They have sworn in some people and have refused to do same for others. This Senate leadership must act and take a position.

    “It is time for the Senate to apply force. I am moving a motion that it becomes abominable for the Senate President to read another confirmation letter until the integrity of this Senate is respected by the executive.”

    Senate Chief Whip Olusola Adeyeye (Osun Central) insisted that it was incumbent on the executive to obey the provisions of the constitution.

    Adeyeye warned against attempts by the executive to destroy the Senate and insisted that anybody who is uncomfortable with any law should go to court to challenge it.

    He said: “These are frightening times. This is because many Nigerians, including many of us here, put our lives on the line to ensure that we have democratic governance in Nigeria.

    “We need to remind the republic that the difference between the military and a democratic regime is the existence of the legislature.

    “Every public servant is bound to obey every law of the republic. Nobody, not the President, vice or the Senate President has the right to disobey our laws. Whoever has problems with our laws should go to court and declare them null and void. Until that is done, every law must be respected.

    “I voted yes for Magu. But the Senate of the Federal Republic of Nigeria voted no. I stand with the Nigerian Senate. I choose a strong institution. We should not allow our institutions to be weakened. I want to lend the whole of my being to the first realm of the estate, which is the legislature. I pray that we assert the independence of the legislature and not as a sign of power mongering, but to show that this is not the government of strong individuals.”

    Deputy Senate President Senator Ike Ekweremadu said that the executive must obey the constitution.

    Ekweremadu who cited different sections of the constitution, said Section 171 relied upon by the Executive to retain Magu talked about personal staff of Mr. President.

    He noted that the issue under discussion had nothing to do with Magu or the DG National Lottery Commission but has a lot to do with what the Constitution said.

    Ekweremadu said: “Let me make it clear that this has nothing to do with the Director-General of Lottery Commission or Ibrahim Magu, but about our constitution. One of the features of the Senate is the power of confirmation. The framers of the constitution gave the power to the Senate.

    “If the law says that an appointee requires confirmation, we must obey what the law says. The executive must follow the provisions of the constitution.”

    Senator Enyinnaya Abaribe (Abia South) caused a stir when he spoke of a vaccum in the Presidency.

    Abaribe  drew the attention of the Senate to what he tagged a vacuum, following the two-day absence of the Acting President.

    Osinbajo travelled to Ethiopia on Sunday for an African Union (AU) meeting. He returned yesterday.

    Abaribe said: “The Acting President is the head of government now. We have a serious problem. As of today, there is nobody who is the head of government. The law and the procedure state that you cannot have a vacuum. The Acting President is out of the country and there is a vacuum.”

    Abaribe’s comment threw the chamber into confusion as some Senators agreed with him; others attempted to shout him down.

    He persisted until Senator Kabiru Marafa moved a Point of Order to stop him.

    For over 10 minutes, the Chamber was rowdy.  Senators lined up on political affiliation.

    Marafa, who relied on Order 53(4) of the Senate Standing Rules, said the issue Abaribe raised was not before the Senate. Marafa said the constitution made it clear that in the absence of the President, the Vice President takes over and in the absence of the Vice President, the Senate President is the next in command and the President.

    There was a loud roar in the chamber as some Senators shouted “you are correct”.

    Saraki ruled Abaribe out of Order.

    “The issue we are discussing has nothing to do with what Abaribe raised. We may have to discuss that at another day if need be. I have to rule you out of order Abaribe,” Saraki said.

    He called Melaye, who reeled out the resolutions adopted by the upper chamber.

    Media and Publicity Committee Chairman Aliyu Sabi Abdullahi told a news conference that the import of the resolutions was that rule of law should be supreme at all times.

    He noted that the resolutions were clear – that the Senate should suspend all confirmations until the resolution of issues relating to confirmation as contained in the constitution.

    Sen. Abdullahi said that the Executive must do what “needs to be done at all times”.

    “We are asking the Acting President to respect the resolutions of the Senate. The Senate rejected Magu and Magu is still acting as EFCC chairman,” he said.

  • Senior lawyers: Senate’s directive on Magu illegal

    Senior lawyers: Senate’s directive on Magu illegal

    •Lawmakers accused of plotting to ground governance

    AFTER weeks of ‘ceasefire’, the Senate yesterday renewed hostility with the Presidency over the retention of Ibrahim Magu as the Acting Chairman of the Economic and Financial Commission (EFCC).

    The lawmakers announced the suspension of all confirmation of appointments until the Executive complied with National Assembly resolutions.

    The upper legislative chamber called on Acting President Yemi Osinbajo to remove Magu from office, saying the time has come for the Presidency to obey its resolutions.

    But senior lawyers, including the Presidential Advisory Committee Against Corruption (PACAC) Chairman, Prof Itse Sagay and some Senior Advocates of Nigeria (SANs), yesterday reacted to the senator’s directive.

    Others are constitutional lawyer and renowned legal author Sebastine Hon, Seyi Sowemimo, Chief Gani Adetola-Kaseem, Chief Emeka Ngige, Ahmed Raji, all SANs.

    According to them, the Senate lacked powers to direct the Acting President to remove Magu as the EFCC acting chair. They said the demand was illegal.

    Prof Sagay said the Senate should be ready to bear the consequences of bringing government to a halt should it make good its threat to suspended all confirmation of appointments until compliance with its resolution.

    He accused the Senate of trying to usurp the President’s powers on appointment.

    Besides, the PACAC chair said the provision in the EFCC Act that the commission’s chairman’s appointment was subject to Senate confirmation was invalid for being inconsistent with the Constitution.

    The eminent professor of law said: “This is a Senate that does not realise that it is part of the legislature and not an executive body. And they want to do both the legislative and executive work together, which will totally eliminate the principle of separation of powers. That’s the sort of people they are. They’re legislators, but they’re hungry to be the executive body.

    “If they threaten to bring government to a halt, they will bear the responsibility and consequences that will arise. Let them be ready to take the consequences of their actions.

    “In fact, it may be good for this country for them to expose themselves like that and let the country know the people who constitute a problem to good governance in Nigeria.”

    Sagay said that no law empowered the Senate to direct Prof Osinbajo to remove Magu.

    His words: “How can they say he should remove somebody? That is an executive power. The Constitution empowers the President to appoint the chairman of EFCC and other such agencies directly.

    “So, if they’re uncomfortable with the fight against corruption and feel threatened by a man who is upright, committed and will not be distracted from doing his job, if they’re not comfortable with that, it’s unfortunate. But nobody is going to listen to them as far as that is concerned.

    “If they want to indulge in the misadventure and danger of bringing government to a halt, then on their head will be the consequences.”

    On the provision of Section 2 (3) of the EFCC Act that the commission’s chairman’s appointment was subject to Senate confirmation, Sagay said it was not binding.

    The section reads: “The Chairman and members of the Commission other than ex-officio members shall be appointed by the President subject to the confirmation of the Senate.”

    On why the section is invalid, Sagay said: “It is invalid because it is in conflict with the provisions of the Constitution.”

    Ngige described the Senate’s demand as “ill-advised”, adding that threatening the executive amounted to arm-twisting.

    He urged the lawmakers to approach the Supreme Court for determination of the issue.

    Ngige said: “I think the action is ill-advised. The issue in contention is the correct interpretation of Section 171 of the 1999 Constitution as it pertains to whether Senate confirmation is required for certain class of political office holders.

    “My take is that the Senate should invoke the original jurisdiction of the Supreme Court on the issue and get a final and definitive pronouncement on the matter.

    “I think what the senate resolved to do by going on strike, as it were, is undemocratic and tantamount to arm-twisting the executive.

    “In my view, the issue of judicial interpretation of Section 171 of the Constitution is highly recommended because either side can win if tested in the apex court.

    “The matter should not be personalised on the status of Magu after his failed confirmation hearing.”

    Hon also said the Senate has no constitutional powers to compel Osinbajo to remove Magu.

    He argued that if the Senate was aggrieved, it could go to court and not result to grandstanding, which would needlessly heat up an already-charged polity.

    The senior advocate said: “The Senate lacks constitutional power to compel the Acting President, Prof. Osinbajo, to withdraw his statement on the need not to seek Senate’s confirmation of appointment of the EFCC Chairman, Mr. Magu.

    “The powers of the National Assembly are, by sections 4 (1), 58 and 59 of the Constitution, limited to lawmaking. Not even sections 88 and 89 of the Constitution, which provide for oversight functions of the National Assembly, imbue the Senate with such powers – since those provisions have nothing to do with a person expressing a personal opinion on an issue.

    “If the Senate is aggrieved, it can go to court and not resort to grandstanding, which will needlessly heat up the already charged polity.”

    Sowemimo likened the National Assembly’s demand on the Presidency to blackmail. He said the best approach was for the lawmakers to seek judicial opinion.

    The suspension of all confirmation of government appointments until compliance with its resolution, he added, was unedifying for the legislators.

    Sowemimo said: “I find the position of the National Assembly very strange. I don’t think in a presidential system of government one branch of government should blackmail the other. I don’t see why there are so much problems about Magu’s appointment.

    “The government has said it doesn’t need the Senate’s approval for such an office. I think the best thing is for the matter to be referred to court for it to determine whether the Presidency is right or whether it’s the National Assembly.

    “I don’t think it will take that long for them to decide that point. When they refer it to the judiciary it will strengthen the democratic process. Deciding to not consider the approval of other appointees of the government until they remove Magu is not an edifying approach for the National Assembly to take.

    “If they feel aggrieved I think they should seek judicial determination of the position of the Presidency.”

    Adetola-Kaseem wondered how the Senate hoped to compel the Presidency to obey its resolutions in the absence of an impeachable offence.

    Adetola-Kaseem said: “I’m not sure they have any locus, for example, if you’re talking of breach of statutes, that’s an impeachable offence, I’m not sure that a breach of a resolution of the Senate can amount to an impeachable offence. To that extent I don’t see how they can compel the executive to obey their resolution.”

    Raji urged the Senate to see judicial interpretation and to explore amicable solution to the problem.

    “My advice is that they should engage in further consultation rather than trying to issue ultimatums. Both sides should collaborate more and arrive at a consensus that will move the country forward.

    “I don’t think it’s a bad idea to approach the Supreme Court for interpretation of what the law says. To say that they would ground the activities of government is not good.

    “I think they should go and seek an interpretation of what he law says, and then we can move forward”, Raji said.

  • Corruption root cause of separatist agitations— Magu

    Corruption root cause of separatist agitations— Magu

    Economic and Financial Crimes Commission (EFCC)  Acting Chairman Ibrahim Magu believes corruption is  the root cause of separatist agitations and militancy in the country.

    “People would not be engaging in needless agitations, if the country was corruption-free,” Magu said at an Electronic and Social Media Review and Training Conference in Abuja on Thursday.

     Spokesman for  the commission, Wilson Uwujaren, quoted Magu as saying : “The root cause of the hate speeches by the Arewa and Igbo youths is corruption. Some people are actually funding them.”

    He called for the commitment of more Nigerians in the fight against corruption, saying: “We can change the negative perception of this country. I urge you all to be committed in this fight using your various platforms.

    ”The looters of our common wealth are the ones responsible for the woes bedevilling Nigeria. We must do everything possible to secure the unity of this country.

    “People who don’t deserve anything are taking everything and if there is no common consensus to halt the trend, the future of our children yet unborn will be mortgaged.’’

    The EFCC boss also said that Nigeria’s unity was one that could not be compromised and urged participants at the conference to step up public sensitisation on the ills of corruption.

    Mr. Magu urged the participants to take a critical look at the social media platforms of the EFCC and come up with suggestions on how to make them better.

    In a presentation, Joe Abah, the Director-General of the Bureau for Public Service Reforms, commended the EFCC, describing it as the leading anti-graft agency in Nigeria.

    Mr. Abbah said: “ The EFCC deserves a lot of credit. You are doing a great job. Your work is what we all need you to do, but many of us don’t want you to do the work.

    “The EFCC is clearly charting a new path for social media engagement for the anti-graft agencies looking at its statistics on Twitter, Facebook, Youtube, Google+ and Instagram.”

    He stressed the need for all anti-graft agencies to constantly compare notes to improve information sharing and synergy across the social media.

    Lauretta Onochie, the Special Adviser to the President on Social Media, urged Nigerians to join the President Muhammadu Buhari administration in tackling the “hydra-headed monster called corruption.

    “Corruption has been a hindrance in the wheel of progress of the country. We need to stand up against corruption.”

  • ‘Looters’ behind separatist agitations, says Magu 

    ‘Looters’ behind separatist agitations, says Magu 

    Acting Chairman of the Economic and Financial Crimes Commission( EFCC) Mr. Ibrahim Magu yesterday said some looters might be behind the renewed separatist agitations in the country.

    The nation, he noted, cannot move forward without winning the war against corruption.

    Magu, who made the submissions while receiving National Council for Arts and Culture Director-General Otunba Segun Runsewe, asked Nigerians to stop celebrating those with questionable wealth.

    He said: “We have heard you very well, very carefully. Corruption has eaten so deep into the fabric of this country. It is a threat to our co-existence, it is a threat to our unity and the survival of Nigeria.

    “ We have to have a common consensus to fight corruption; all of us must agree to fight it.

    “The cost of corruption to this nation is much. It is poisonous, It is something that breeds Boko Haram, militancy, these boys calling for Biafra and those people  calling for some parts to leave Nigeria.

    “The looters actually funded these agitations. There are people behind these boys funding them to sabotage this country in order to have room to enjoy their ill-gotten wealth.

    “The root of these agitations is corruption. Join us and other Nigerians in fighting corruption for the survival of this country.”

    Magu pleaded with Nigerians to team up with EFCC and other anti-graft agencies to   clean up the country.

    He added: “I want to appeal to Nigerians to join the fight against corruption. It is our duty to fight corruption so that we will have a better tomorrow.

    “Not all of us can arrest but we can join the whistle-blowers. Joining the whistle-blowers has two advantages:  The fact that you have exposed crime and the fact that you will get a cut of any recovered amount. Let us join the whistle-blowers, let us expose all forms of corruption.

    “We have to sustain the tempo so that the looters will not find a place to hide.”

    Magu recalled how he was living on N90as a university student, explaining that Nigeria can return to that glorious era.

    Warning against the celebration of ill-gotten wealth, he said: “If we remove corruption, this country will be one of the best in the world. We should also stop celebrating those who steal money, buy properties, big cars and come back to us without explaining how they came about their wealth. Some people will just acquire all these things overnight and nobody seems to ask them to account. We can use our culture to go to the grassroots to sensitize them to stop celebrating these people.”

    Runsewe said: “The EFCC has been able to fight corruption but we need cultural touch to it. Corruption is not in our character, it is not in our culture but today it is the biggest enemy of our country. We are coming up with one of our products, ‘Keep Nigeria First’ to ensure that all Nigerians support the anti-corruption drive.”

  • Security agents comb site in new push against Magu

    Security agents comb site in new push against Magu

    Lobbyists visit UK with list of two likely candidates

    A fresh plot for the removal of the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu is being hatched.

    Some lobbyists, comprising “powerful” citizens, have allegedly visited London with the names of two likely candidates to succeed Magu, The Nation learnt.

    The preferred candidates are a Deputy Commissioner of Police (DCP) and an Assistant Commissioner of Police, with the DCP highly-favoured.

    Also, some unknown security agents have been combing Magu’s uncompleted bungalow in Karshi, an Abuja suburb, in search of some evidence.

    The agents were said to have dug up a soak-away pit at the site – apparently in search of buried cash or some documents.

    But the combing of the bungalow yielded no fruit as nothing incriminating was found.

    The development, The Nation learnt, shocked the Acting EFCC chairman who was away in Malawi when the unknown security men invaded the uncompleted house.

    There is also panic among investigators, in Magu’s household, and among his associates on the sudden search without warrant.

    For the second time on March 15, the Senate rejected Magu as the substantive chairman of the EFCC following the reaffirmation of a report on him by the Department of State Services (DSS).

    The DSS insisted that Magu cannot lead the country’s anti-corruption agency. Magu’s rejection has caused some disquiet between the Presidency and the Senate, with the latter demanding that the Acting Chairman should vacate the office.

    Acting President Yemi Osinbajo said in the light of Section 171 of the 1999 Constitution, the President can retain Magu without the Senate’s  confirmation.

    The Presidential Advisory Committee Against Corruption (PACAC) led by Prof. Itse Sagay, has also advised the President to retain Magu, based on the provision of the constitution.

    Arrayed against Magu are some forces in government, a few governors and members of the National Assembly who are said to be mounting pressure on President Muhammadu Buhari to relieve Magu of his job.

    The anti-Magu forces allegedly hinge their advice to the President on the “need to avert a long-drawn crisis with the National Assembly over Magu.”

    They are said to be “angry with Magu’s name and shame style” which has created political backlash for the President.

    But the main complaint of the forces borders on their “inability of those in government to control Magu when it is necessary to apply the brakes.”

    It was learnt that some of those opposed to Magu have secretly visited London with the names of the two candidates who they rate “as efficient as Magu”.

    There were indications yesterday that the two candidates were undergoing some checks.

    One of the candidates is believed to be close to a principal officer of the National Assembly.

    The leakage of the search for Magu’s replacement has ruffled feathers in EFCC and among some government functionaries.

    A source, who spoke in confidence, said: “Some powerful forces have decided to prevail on the President to remove Magu, having been rejected twice by the Senate. They said Magu should not be treated as indispensable.

    “Some of them are angry that the EFCC has been closing in on them and their associates. Others have outstanding reports against them.

    “They are using likely conflict between the Presidency and the National Assembly as an excuse but they are out to protect class interest.

    “Some of them have also been uncomfortable with the style of the EFCC chairman. They alleged that it might have political backlash for the President.

    “If care is not taken, these powerful lobbyists may have their way. A principal officer of the National Assembly is said to be highly connected with one of the shortlisted candidates.

    “The plot has been perfected in a manner that Magu’s removal might be a priority decision of the government before or when the President returns.”

    The Nation learnt that there are five options on Magu, including  outright sack or retirement to pave the way for his trial in court over the DSS report; redeployment to the police; foreign posting as a Defence Attache;  and redeployment to Independent Corrupt Practices and Other Offences Commission (ICPC) as Director of Operations.

     

  • Corrupt elite threatening to derail anti-graft war, says Magu

    Corrupt elite threatening to derail anti-graft war, says Magu

    THE Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, said yesterday that a band of corrupt elite was out to derail the nation’s anti-graft war.

    He said the cabal profiteering from corruption wanted the campaign watered down.

    The EFCC boss said while many Nigerians are calling for stiffer punishment for the corrupt, the patrons of corruption now tell the citizenry that it does not pay to punish the corrupt.

    He, however, said God will not allow the corrupt elements to succeed in truncating the war against graft.

    Magu, who  spoke after the EFCC-Stakeholders’ Walk Against Corruption in Abuja, said the days of impunity were over.

    The walk was also staged  in Lagos, Kaduna, Port Harcourt and Enugu.

    He said by taking on the high and mighty in all sectors, the EFCC has proven that there are no sacred cows in the fight against corruption.

    He said: “The nation is at a critical juncture in the fight against corruption. Much gain has been recorded in the last two years.  These gains are attested to by massive recovery of stolen assets and convictions of some high profile corruption suspects.

    “The reign of impunity in the conduct of public affairs has been checked to a considerable extent. By taking on the high and mighty in all sectors, the EFCC has proven that there are no sacred cows in the fight against corruption.

    “All of these have been made possible by a new political climate in Nigeria under President Muhammadu Buhari, who has demonstrated the will to fight corruption by not interfering in the operation of anti-graft agencies.

    “This ordinarily should provide impetus for greater exploits. Sadly, that is not the case. A band of corrupt elite threatened by the momentum of the anti-graft war have sworn to derail the process. They are deadly and without remorse as they plot and scheme to defeat the anti- corruption programme and take the country back to the dark days when corruption and impunity reigned supreme.

    “While most of us who feel the pains of corruption are asking for more vigour in the fight, the cabal profiteering from corruption would want the campaign watered down. While many Nigerians are calling for stiffer punishment for the corrupt, the patrons of corruption now tell us that it does not pay to punish the corrupt!

    “While we are sweating in the sun to express our collective hatred for corruption, they are busy in their air-conditioned mansions, plotting how to continue the looting.”

    Magu, however, said God will not allow the corrupt elements to succeed in truncating the war against graft.

    He added: “Must we allow them to succeed in truncating the fight against corruption? I believe that God will not allow them to succeed because they have exposed themselves as the true enemies of the masses of Nigeria. These wicked people must be defeated!

    He said victory for those against corrupt practices ”because the days of impunity are gone, forever”.

    The EFCC chairman said the commission would not relent in its war against corruption because Nigerians were fed up with the filth.

    He said: “Nigerians who are fed up with the corrupt status quo yearn for change. The change they want is not a return to impunity. The change that they want is not a return to looting. Nigerians are fed up with the looters.

    “I stand before you today and make a solemn pledge never to give up the fight. Those who dread to be punished for their corrupt deeds should take notice; that the EFCC is watching. The commission will trace and recover all ill-gotten wealth and bring the perpetrators to book.”

    But he pleaded with Nigerians to join the fight against corruption by blowing the whistle anywhere.

    He said: “All hands have to be on deck as the EFCC cannot be everywhere. I have always said the fight against corruption can only be won if all Nigerians get on board.”

    The President of the Nigeria Labour Congress (NLC), Comrade Ayuba Wabba said the organised labour attended the event to support the fight because the war against corruption is worth it.

    He said: “Nigerians must take it over. Our politicians are crying but the people that are being exploited are also crying. We don’t know who is even corrupt. But the fact is that even the corrupt elite are also saying that Nigeria is corrupt; we that on ground are also saying that the system is corrupt.

    “But the fact still remains the same. There is systemic corruption in Nigeria at all levels and, therefore, Nigerian citizens must be ready at all cost to make sacrifice and make Nigeria a better place.”