Magu’s confirmation: Lawyers divided over legal, political solution

Lawyers have advocated either legal or political solution out of the impasse which has generated a controversy by the Senate/Presidency stand-off capable of grounding governmental activities in the country. The Senate last Tuesday resolved not to confirm the appointment of Lanre Gbajabiamila as the Director General of the National Lottery Commission over the Presidency’s refusal […]

Lawyers have advocated either legal or political solution out of the impasse which has generated a controversy by the Senate/Presidency stand-off capable of grounding governmental activities in the country.

The Senate last Tuesday resolved not to confirm the appointment of Lanre Gbajabiamila as the Director General of the National Lottery Commission over the Presidency’s refusal to remove Ibrahim Magu as the chairman of the Economic and Financial Crimes Commission (EFCC).

The lawmakers also demanded that Acting President Yemi Osinbajo withdraw a comment credited to him that the National Assembly lacks the powers to confirm certain nominations from the president. Governor Nasir el-Rufai of Kaduna State also joined in the fray Thursday when he claimed that Osinbajo told him that Magu remains EFCC chair.

The Executive Director of Citizens Advocacy for Social & Economic Rights (CASER), Frank Tietie, suggested that either of the parties should head to the Supreme Court to resolve the dispute since they are in disagreement over the provisions of Section 171 of the 1999 Constitution and …on the list of appointments that are subject to confirmation of the National Assembly.

“When the National Assembly created EFCC they also have it in mind that the CEO must be subject to their confirmation,” he said.

“It is because the National Assembly is lacking public respect and perceived to be corrupt that is why they can’t enforce their powers to make laws,” he added.

Ilorin-based Senior Advocate of Nigeria, Abeny Mohammed, described the Senate’s resolution not to confirm any further appointments by the executive until Magu is removed as “ill-advised and reckless”.

“The three arms of government under a presidential system of government complement each other for the smooth running of government. One arm must never act in sabotage of the other,” he said.

“The consequence will be grave and the Senate should be prepared to take responsibility for its action. Let me repeat what I have repeatedly said that Nigeria is not ripe for the niceties of the presidential system of government,” he added.

Also speaking, Lagos-based lawyer and second Vice President of the Nigerian Bar Association (NBA), Onyekachi Ubani, called for political solution to the dispute because approaching the courts would take much time.

“Whatever they can do to give political solution to this crisis, Nigerians would be very happy about it. It is a shame because they are mainly of same political party,” he said.

Abuja-based lawyer, Maxwel Okpara said the executive should substitute Magu’s name for peace to reign. He said there are other capable hands to pilot the affairs of the anti-corruption agency.

Nigerians expect that the two arms of government will yield ground in the impasse so that it will be resolved to strengthen the country’s democracy.