Legal implication of Senate’s rejection of Magu

A constitutional lawyer, Festus Okoye, has said that it is not proper for Ibrahim Magu to continue to act as chairman of the Economic and Financial Crimes Commission (EFCC) without passing the integrity test. Okoye, who stated this during a chat with Daily Trust yesterday, said the 1999 Constitution had envisaged a situation like this […]

A constitutional lawyer, Festus Okoye, has said that it is not proper for Ibrahim Magu to continue to act as chairman of the Economic and Financial Crimes Commission (EFCC) without passing the integrity test.

Okoye, who stated this during a chat with Daily Trust yesterday, said the 1999 Constitution had envisaged a situation like this hence the framers did not give absolute free hand to the executive in the appointment to certain offices.

He, however agreed that Magu could continue in his present position as the acting EFCC chairman, adding, though that it will be a dangerous precedent to allow him to continue without a thorough investigation of the issues that led to his rejection by the Senate.

The Senate last Thursday, rejected the nomination of Ibrahim Magu as chairman of the EFCC by President Muhammadu Buhari for allegedly failing the integrity test.

Ibrahim Magu resumed office as EFCC acting chairman on November 11, 2015 following his appointment by President Buhari.

However, stakeholders are divided over the situation of Magu, with a some saying that he should immediately stop acting as EFCC boss while others say he should stop as soon as the Senate communicates its decision to the President. So, the question is, can Magu continue to act as Acting Chairman of the EFCC despite the rejection of his nomination by the Senate?

Chief Mike Ozekhome, SAN, a constitutional lawyer and human rights activist said Magu’s rejection is a loud statement. “Firstly Magu’s rejection by a Senate that has a preponderance of senators from the ruling APC government is a loud statement about the skewed, unfair and brazenly hypocritical manner that the so-called corruption war has been fought by the government,” he said.

“Secondly, that he could be rejected by the Senate after pendency of his confirmation before it for  over six months shows a straitjacketed and non-communicative ruling party that can neither diplomatically win the confidence of its members, nor capable of reining in or railroading them to buy into its programmes and  agenda,” Ozekhome said.

 The EFCC Act, according to Ozekhome, only recognizes a chairman as provided for in Section 2(1)(a) of the act; who shall be the chief executive of the agency. That he must be confirmed by the Senate before his actions can be deemed valid is an inescapable constitutional and statutory imperative under Section 2(3) of the constitution which makes such a confirmation compulsory.

The section provides that the chairman and the members of the commission, other than ex-officio members, shall be appointed by the president and the appointment shall be subject to the confirmation of the Senate.

Dr George Uboh, a long-time consultant to the EFCC, said the rejection of Magu was in order because of what he alleged as large-scale corruption under him. He said he had  begun moves to sue all past and current chairmen of commission for alleged diversion of N1.99 trillion recovered funds.

“We are even calling on foreign countries to push for the disbandment of the EFCC, because the commission has been defrauding these countries, who are donors to the anti-corruption campaign,” he said.

Also, Barrister Phillip Okpala said there is no expiry date for an acting appointment, adding that the President can still re-nominate Magu as the EFCC chairman depending on the reasons given by the Senate for his earlier rejection.

Abubakar Sani, an Abuja-based human rights lawyer said the President can resubmit his name to the Senate as many times as he wishes.

Alternatively, he can remain in an acting capacity if there is no time limit for that as you have under the constitution as in the case of the CJN, whose name, it could be recalled, had to be resubmitted for confirmation every three months.

Barrister Inibehe Effiong, however said Magu’s tenure as acting chairman of the commission must be less than the four years period stipulated for a substantive  chairman.