Magu remains EFCC chairman whether confirmed or not - Sagay

Magu remains EFCC chairman whether confirmed or not - Sagay

- The Senate did not give detailed reasons why it refused to confirm Ibrahim Magu as the chairman of the EFCC

- But Professor Itse Sagay, chairman of the PCAC, has given insight on how the Senate may become the bad loser on the issue

The federal government may have made up its mind to retain Ibrahim Magu, the chairman of the Economic and Financial Crimes Commission (EFCC) even if he is not confirmed by the Senate.

Magu remains EFCC chairman whether confirmed or not - Sagay
Sagay says the Senate cannot stop Magu's confirmation

This much is coming from Professor Itse Sagay, the chairman of the Presidential Advisory Committee on Corruption.

Magu’s confirmation hit the rocks on Thursday as many senators reportedly kicked against it. This caused a delay in the Senate plenary as the legislators had to meet behind closed-door.

The Senate said it would not confirm Magu based on security reports but with no further explanation.

READ ALSO: Governor Gov Wike lambasts Buhari’s anti-corruption head Prof Sagay

Premium Times quoted Sagay as saying in the current edition of The Interview that: “Whether they like it or not, he (Magu) will be there. His chairmanship will keep on being renewed.

“Since Nuhu Ribadu left, we have not had a man with such sterling qualities as Ibrahim Magu and whether they like it or not, Magu will be there until he completes his term under the law.”

Sagay may have armed himself with the fact that Magu’s non-confirmation cannot hamper his duties as stipulated by the act that sets up the anti-corruption agency.

Sagay said Magu’s non-confirmation was corruption fighting back.

Sagay also spoke on the level of corruption in the judiciary.

READ ALSO: PCAC reveals why EFCC can't probe some indicted leaders

The report said the NJC pays retiring justices up to N800 million in cash and provides a house valued at N500 million, off the books and that Sagay neither confirmed this nor denied it.

Sagay was quoted as saying: “Something very serious is happening there. Those rumours have some basis.”

Meanwhile, lawyers in the country have supported Sagay’s argument.

According to them, Magu can only be removed by the president. Therefore, whether he is confirmed or not, he remains the EFCC chairman.

Premium Times reports that Akimolu Kehinde, a Senior Advocate of Nigeria (SAN) said: “He’s still in acting capacity. The matter on ground is to confirm him. If the president feels strongly about his appointment, he will represent his name again for confirmation.

“However, the law does not say that any appointment from the presidency must be approved, there are parameters to be met and the Senate must have a tangible reason for rejecting him.”

In his position, former head of human rights commission, Chidi Odinkalu, said President Muhammadu Buhari had two options.

Odinkalu said: “There are only two options here: persuade the Senate to change its mind and give Mr. Magu a second vote or withdraw the nomination and nominate someone else.

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“My suspicion is even preceding either steps, the president needs to win allies for his idea of fighting corruption, articulate a clear strategy and persuade the country along. Democracy abhors supermen.”

Also speaking, Nzube Akunne, a lawyer, said: “If such situation arises, the president may have to resubmit the name back to them for confirmation; by the time the president presents it three times and it’s being rejected, he can go ahead and appoint him.

“It’s the president that appoints, it’s his prerogative power. Confirmation is just a procedural issue. By the law, he still remains the acting chairman till the president makes his next move.

Source: Legit.ng

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