According to Falana, Magu was rejected by the executive session of the Senate, a decision which cannot be binding on the Senate.
According to Falana, Magu was rejected by the executive session of the Senate, a decision which cannot be binding on the upper legislative chamber.
Falana also said that the report on which the rejection was based was not presented on the Senate floor.
The prominent lawyer made the comments via a statement released on Thursday, December 15.
The statement reads:
“My attention has been drawn to the refusal of the senate to conduct confirmation hearing in respect of the nomination of Mr. Ibrahim Magu as the chairman of the Economic and Financial Crimes Commission.”
“Since Mr. Magu was not allowed to justify his appointment before the plenary of the senate it is misleading to say that his nomination has been rejected by the senate.
“Section 2 (3) of the EFCC Act 2004 provides that “The chairman and members of the commission other than ex officious members shall be appointed by the president subject to the confirmation of the senate.
“Since it was the executive session of the senate that took the decision not to confirm Mr. Magu the senate has not taken a decision on the matter. In the entire history of the senate, an executive session or committee of the senate has never been allowed to usurp the statutory power of the senate with respect to the confirmation of nominees of the President of the Republic.
“The announcement credited to the Bukola Saraki-led senate is that Mr. Magu’s confirmation could not be considered based on a security report. The purported security report was not presented on the floor of the senate.
“To that extent the refusal of the executive session of the senate to circulate the report and allow the senate to take a decision is an insult on the integrity of the entire senate.
“Since the said report was prepared by the management of the State Security Service, it is crystal clear that the refusal of the senate to consider the nomination of Mr. Magu is a confirmation that the forces of corruption have decided to rubbish the anti-corruption crusade of the Muhammadu Buhari administration. The President owes the nation a duty to flush out all the well-known corrupt elements in the government and their cronies without any further delay.”
The Senate rejected Magu’s nomination on Thursday citing a report prepared by the Department of State Services which accused the EFCC chairman of corruption.