It is no longer news that the Nigeria Senate refused to confirm Mr. Ibrahim Magu as the substantive Chairman of the Economic and Financial Crimes Commission.
With his rejection by the Senate, some prominent lawyers in the country have said that he cannot continue to remain in office in acting capacity.
The lawyers, who reacted to the development, said the implication of his refusal as substantive chairman of the EFCC by the Senate means that he is not fit to even remain in office as acting chairman.
In his view, Malam Yusuf Ali, SAN, said President Muhammadu Buhari cannot override the Senate and confirm him.
He said: ”There are some categories of persons that need Senate’s confirmation before they can assume office in full capacity. The Economic and Financial Crimes Commission (EFCC), the Independent Corrupt Practices and other related offences Commission (ICPC), the Military, the DSS and some others, need the confirmation of the Senate before they can assume office. The Senate has unquestionable powers to refuse the president’s nomination.”
Corroborating Ali’s position a Professor of Law, Awa Kalu, SAN, said the law does not allow the president to override the Senate.
“He cannot continue to remain in office in acting capacity. He should cease to hold office since he has been rejected”, he said.
Similarly, a former secretary of the Nigerian Bar Association, Mr. Afam Osigwe, said the president can’t override the Senate but can resend his name.
According to him, Magu needs the nod of the Senate before his appointment can be confirmed.
”In some other climes, one will expect that Magu should stop acting as EFCC chairman since he has been rejected. If the reasons for their refusal are from the report of a federal government agency, we should not push it aside. The report the Senate based their decisions on should be looked into”, Osigwe said.
