Falana says President can re-nominate Magu for EFCC chairmanship
The upper legislative chamber rejected Magu for the second time after screening him on Wednesday, March 15.
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Falana’s comment comes after the Senate refused to confirm Magu despite two nominations by 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,” Falana said.
“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 grounds 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.
“Mr. Magu’s nomination may be re-presented to the Senate if and when the Federal Government decides to put its house in order. 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.
“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,” he added.
The Senate based its rejection of Magu on a report sent to it by the Department of State Services (DSS) in December 2016.
Magu had earlier been rejected by the Senate due to the report which accused him of corruption.
The second rejection was due to a letter sent by the DSS on March 14 to reaffirm the earlier report on Magu.
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