Magu: Senate draws battle line with Buhari

…Insists President must sack Acting EFCC chair

…Suspends consideration of RECs appointments in protest

…We cannot be intimidated from carrying out our constitutional duties at all times- Saraki

…We’ll respect the decision of Senators, pursue dialogue with them, says Presidency

The Senate on Tuesday drew a battle line with the executive arm of government over President Muhammadu Buhari’s refusal to sack the Acting Chairman of Economic and Financial Crimes Commission (EFCC), Ibrahim Magu, as it suspended action on consideration of list of 27 Resident Electoral Commissioners (RECs) forwarded to it last week for confirmation by the President.

The Senate had two weeks ago rejected Magu for the EFCC top job and had advised the President to forward the name of a new candidate to it for consideration.

There have been clamour by legal experts that President Buhari could still stick to Magu in Acting Capacity as the head of the EFCC, notwithstanding the refusal of the Senate to clear him.

The upper legislative chamber in a resolution after a motion by Senator Peter Nwaoboshi (PDP Delta North), declared that required legislative actions for consideration and possible confirmation of the appointment of the 27 RECs, are withheld for two weeks in view of non-compliance of President Buhari to rejection of Magu as EFCC Chairman.

Nwaoboshi citing orders 14 and 15 of the Senate standing rules drew the attention of Senators to the refusal of President Buhari to remove Magu as Acting Chairman of EFCC even after his rejection by the Senate.

He said 8 out of the 27 RECs forwarded for confirmation are for reappointment, meaning that they are already in office.

He averred that the Senate is not a  mere rubber stamp for confirmation of any appointment proposal forwarded to it by the President, alluding to suggestions by Professor Itse Sagay to Buhari not to defer to the Senate while he should continue to allow Magu act as Chairman of EFCC.

He said: “Recently in this Senate, we have dealt with the issue of confirmation and where we are today, the chairman of the Presidential Committee on Anti-Corruption, Prof. Itse Sagay, went to the press and said that the Senate merely confirms.

“This is unexpected from somebody who had lectured constitutional law in the university, a Professor of law, a senior advocate of Nigeria and of course a chairman of such a big body to say that the legislature merely confirms, that is, the legislature has no power.

“Here are we again today, now being given a list to confirm and we merely confirms. Look at the list here, we have 8 of them here. Out of 27, 8 of them are for reappointment which means they are acting already, they are already working and they are still in position.

“Prof. Sagay will start again and lean on section 171 subsection of the constitution of the Federal Republic of Nigeria. Even if we don’t confirm them, he will say continue to act. You can imagine the kind of advice these kind of persons are giving to Mr. President. They are telling Mr. President to disregard and disrespect the legislative institution.

“For somebody of the status of Professor Sagay denigrating the Senate over its power of confirmation and for the Presidency treating its resolution on such powers with levity, my position is that we should suspend consideration of appointments of the 27 RECs in any way for two weeks to know whether we have the power as given to us by the constitution to look into confirmation matters or not.”

Other senators including Mathew Urhoghide (PDP Edo South), Sam Anyanwu (PDP Imo East), Bukar Abba Ibrahim (APC Yobe East), Francis Alimekhena (APC Edo North) among others supported Nwaoboshi’s submission with Alimekhena pointedly declaring that Senate should stand down consideration of the RECs as a way of making the Presidency to respect its resolution on Magu.

He alleged that Magu upon his rejection by the Senate and acceptance by the Presidency to continue functioning as EFCC boss in acting capacity has been more or less a terror to senators, which according to him,  is unacceptable.

“Magu is terrorizing us because we rejected him. As a Senate, we must send serious message to the Presidency over the matter by stepping down action on request for consideration and possible confirmation of the 27 RECS forwarded to us for at least two weeks as earlier  moved by Senator Nwaoboshi “, he said.

Efforts made by  Senators Adamu Aliero (APC Kebbi Central) and the Senate Deputy Leader, Bala Ibn Na’Allah (APC Kebbi South), to assuage the feelings of the senators over the matter by suggesting that the request for confirmation of the 27 nominees should be allowed to get to committee level  were rebuffed by majority of the Senators.

The Senate President, Bukola Saraki subsequently put a question on the motion for voice vote as majority of the Senators chorused “aye”!

Saraki in his remarks after the adoption of the motion said issues raised by many of the senators in passing the resolution, were very serious ones that must be looked into by the executive within the two weeks duration given.

He said the Senate will not to bow to any form of intimidation in the discharge of its constitutional duties.

“We cannot be intimidated from carrying out our constitutional duties at all times. Nothing will stop the National Assembly, especially the Senate, from performing its duties,” he said.

Reacting to the decision of the Senate to suspended action on consideration of list of 27 Resident Electoral Commissioners, Senior Special Assistant to President Buhari on National Assembly (Senate), Ita Enang, said the administration will respect the decision of the lawmakers and pursue dialogue with them.

He said: “We will not question the power of the senators to take decision on how they want to conduct nomination hearings. We will not go fighting with them”.

Enang said instead of engaging the Senators in a fight, the President Buhari-led administration will “listen to their grievances and reason along with them”.