Osinbajo: Magu remains EFCC boss

Apparently sending a strong message that President Muhammadu Buhari is in charge of war against corruption and will not take dictation from the Senate on who to appoint, Vice President Yemi Osinbajo (SAN), has disclosed that Mr. Ibrahim Magu will continue to pilot the affairs of Economic and Financial Crime Commission (EFCC).

Osinbajo also stated that Buhari and he have implicit confidence in Magu’s capacity to head the EFCC, insisting that he remains the acting chairman of the commission.

The Vice President stated this on Tuesday night while speaking to some journalists and activists in Abuja.

The Daily Times had exclusively reported on Monday, April 3, 2017 that Buhari would stick to Magu and would not replace him as being canvassed by the Senate on the grounds of his performance and passion for the job.

A presidential aide who disclosed the issue to The Daily Times on the condition anonymity because of the sensitive nature of the matter, also stated that the president was aware of the conspiracy over Magu’s confirmation, saying that Buhari would soon take appropriate action on the matter.

The Senate had twice rejected Magu’s nomination on the basis of DSS report which claimed that Magu failed integrity test.

The Senate further drew the battle line with the executive when the lawmakers declared that they would not screen Buhari’s nominees as resident electoral commissioners unless Magu is removed as acting chairman of the EFCC.

But Osinbajo has replied the Senate on the status of Magu, saying that Magu enjoys Buhari’s confidence and that of his humble self.

He said: “I’m fully in support of Magu as the EFCC Chairman just as the president is…”

On the issue of Senate rejection of Magu twice, Osinbajo reminded the lawmakers that Buhari, by virtue of section 171 of the 1999 Constitution (as amended), remains the sole appointing authority and cannot be challenged on his choice of nominee.

Section 171 (1) of the 1999 Constitution states that, “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 vest in the President”.

He added that Magu could be represented to the Senate as he remains the President’s nominee and the candidate for the EFCC top job.

He said: “It is up to the Senate to make their judgment. If our candidate is rejected,… we can represent our candidate.”

Osinbajo further hinted that Magu may continue to function as the acting chairman EFCC for the duration of the Buhari administration in view of the stance of the Senate on the matter.

Commenting on the sacrosanct nature of the said section 171 of the constitution that gave power to the President to appoint certain persons without recourse to Senate or any organ, Osinbajo said: “I fully agree with Mr. Femi Falana (SAN) that there was no need in the first place to have presented Magu for confirmation.”

According to Osinbajo, although Section 2(3) of the EFCC Act states that an EFCC chairman shall be subject to Senate confirmation, Section 171 (1) of the constitution, which is superior to the EFCC Act, does not mandate such Senate confirmation.

He also spoke on the DSS’ action of writing a report against Magu to the Senate, saying that the development represents a robust expression of our institutions of government.

He said: “The action of the DSS shows that this administration does not interfere in the works of its security agencies.”

He also cited a similar situation in the United States where the FBI wrote a report against the US President Donald Trump.

He said: “He (President Buhari) has not interfered with what the DSS want to say. President Buhari merely studied the DSS report and reviewed Magu’s response which he found satisfactory.

“The president looked at what Magu said and what the DSS wrote and he said, ‘I am satisfied with what Magu said.”