Lagos lawyer and human rights activist, Mr Femi Falana, SAN has suggested three options for President Muhammadu Buhari following the refusal of the Senate to confirm his nominee, Mr. Ibrahim Magu as the substantive Chairman of the Economic and Financial Crimes Commission (EFCC).
Falana in a statement issued on Wednesday appealed to the president to ensure that the fight against corruption is not derailed by highly placed corrupt elements who have enlisted the support of fifth columnists and reactionary forces in the government.
The lawyer described Senate’s rejection of Magu as Chairman of the EFCC on the basis of a security report compiled by the State Security Service, as the height of official ridicule of the office of the President.
”It is high time the State Security Service was restrained by President Buhari from sabotaging the fight against corruption by the federal government.
The three options highlighted by Falana to the president are:
1. Mr. Magu’s nomination may be re-presented to the Senate if and when the Federal Government decides to put its house in order
2. Alternatively, the President may allow Mr. Magu to remain the Acting Chairman of the EFCC since he was appointed in that capacity pursuant to section 171 of the Constitution.
3.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.
Read Falana’s full statement below:
Rejection of Magu’s nomination by the Senate: options open to President Buhari
The rejection of the nomination of Mr. Ibrahim Magu as the Chairman of the Economic and Financial Crimes Commission (EFCC) this afternoon by the Senate on the basis of a security report compiled by the State Security Service is the height of official ridicule of the office of the President. It is high time the State Security Service was restrained by President Buhari from sabotaging the fight against corruption by the federal government
With respect to the Senate the confirmation hearing hurriedly conducted today is illegal in every material particular. The participation of many senators who are either under investigation or being prosecuted by the EFCC has vitiated the entire proceedings of the Senate 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.
However, notwithstanding the rejection of the nomination of Mr. Magu by the Senate the options open to President are clear and straight forward. They are as follows:
1. Mr. Magu’s nomination may be re-presented to the Senate if and when the Federal Government decides to put its house in order
2. Alternatively, the President may allow Mr. Magu to remain the Acting Chairman of the EFCC since he was appointed in that capacity pursuant to section 171 of the Constitution.
3. But 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.
In the light of the foregoing, President Buhari is enjoined to ensure that the fight against corruption is not derailed by highly placed corrupt elements who have enlisted the support of fifth columnists and reactionary forces in the government.
Femi Falana (SAN) is a Lagos based Legal Practitioner.
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