- President Muhammadu Buhari has resorted to legal advice on Magu's fate
- The Senate has twice rejected the nomination of Magu as substantive chairman of EFCC
- Buhari seeks advice on the import of Section 171 of 1999 Constitution which is the bone of contention on the fate of Magu
President Muhammadu Buhari has opted to seek legal opinions in deciding what to make of Mr Ibrahim Magu, following the latest refusal of the Senate to confirm him as substantive chairman of the Economic and Financial Crimes Commission (EFCC).
President Muhammadu Buhari
The Nation reports that the legal consultations will form an integral part of the planned peace talks between government’s mediation team headed by Vice President Yemi Osinbajo and National Assembly leaders.
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NAIJ.com gathered that the Federal Executive Council constituted the team recently to interface with the NASS leadership with a view to resolving the differences between the two arms.
It was gathered on Saturday April 1, that the Osinbajo-led team was yet to contact the National Assembly leaders.
Authoritative sources, according The Nation said that Buhari had called for advice on the import of Section 171 of 1999 Constitution which is the bone of contention on the fate of Magu.
The Section says: (1) “Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall rest in the President.
(2) The offices to which this section applies are namely.
(a) Secretary to the Government of the Federation.
(b) Head of the Civil Service of the Federation.
(c) Ambassador, High Commissioner or other principal Representative of Nigeria abroad.
(d) Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the Government of the Federation howsoever designated; and
(e) any office on the personal staff of the President.
Prof. Itse Sagay’s Presidential Advisory Committee Against Corruption (PACAC) believes that by virtue of Section 171, Magu can continue to act as Acting EFCC chairman.
The Department of State Security Service, some government officials and the Senate think otherwise.
Acting EFCC chairman, Ibrahim Magu
The Senate on Wednesday March 29 stopped the consideration of the 27 Resident Electoral Commissioners who were nominated by Buhari to protest Buhari’s refusal to sack Magu after it rejected him for a second time.
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A top level source said although the President has stuck with Magu for now, those opposed to the EFCC acting chairman are drawing attention to Section 11 of the Interpretation Act in the constitution.
The source said: “The President is being painstaking in taking a decision on Magu.
“He has sought legal advice on the contentious Section 171 of the 1999 Constitution and Section 11 of the Interpretation Act.
“The legal advice might either strengthen his position on Magu or determine what action to take. It will also assist him to engage the National Assembly leadership on Magu’s fate.
“Buhari is aware of argument for and against the retention of Magu but he does not go by the spur of the moment because of posterity. He is aware of Magu’s impeccable contributions to anti-graft war. And on a personal note, he is with Magu.
“He runs a peculiar presidency based on adherence to the rule of law and not Executive fiat as the case was in the past.”
Another source said: “the President’s ultimate decision on Magu will have to take cognizance of the EFCC Establishment (2004) Act and the rejection of the officer by the Senate for the second time.
Senate President Bukola Saraki
“Apart from the law, some government officials prefer a political solution to the controversy on Magu. We are hopeful that Osinbajo’s mediation team will be able to resolve this issue amicably.
“There is a dilemma before the President. He favours Magu for the job and he does not pretend about it. But he has to manage the anger of the Senate too.
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“The battle over Magu is now in the realm of legal technicality, especially his continued stay in office in Acting capacity. This is why the President needs sound legal advice, not jaundiced type.”
