The non-confirmation of Ibrahim Magu as the substantive chairman of the Economic and Financial Crimes Commission (EFCC) has consistently been scrutinised by all and sundry in Nigeria, having been rejected twice by the Senate, which has left him in an acting capacity.
In an exclusive interview with BusinessDay, former human right chief, Chidi Odinkalu, has however expressed his view over Magu’s continued stay in acting capacity, while the Executive arm of government is still favouring him.
According to Odinkalu, Magu may well be a very good man, but he cannot become EFCC chairman without Senate approval, keeping him as acting chairman after being rejected twice does the Executive no favours.
“We don’t have a budget for 2017. There are lots of other people the President needs to confirm through Senate. He can’t get any of these done while this Magu stuff is still stuck this way, can he? He has to decide whether Magu is the only thing he wishes to do,” Odinkalu said.
Similarly, Abubakar Kari, a sociology lecturer in University of Abuja, observed that Section 171 of the Constitution vested powers on the President to make temporary/acting appointments, and there seems to be no limit to this.
“But then, there is the moral, and even logical point that if the Senate says Magu is unfit to hold that office as a substantive head, then he can’t be suitable as an acting head. To me, the President caused the problem by allowing Magu to act for too long before sending his name to Senate for confirmation, by which time he has made powerful enemies, including some from the Presidency itself,” Kari said.
By the strict lettering of the law, it is not illegal for Magu to remain in acting capacity, because there are provisions in the EFCC Act for the confirmation of the chairman, but none for the confirmation of an acting chairman, or limiting the tenure of someone installed in acting capacity, explained Jeffrey Oheobe, an Abuja-based legal practitioner.
According to Oheobe, it is a lacuna in law that could be exploited to the advantage of Magu, should the President be so minded. However, the conflicting reports based on which he was twice rejected came from the Presidency. It remains to be seen what the President is minded to do in these circumstances.
Idris Bawa divergently insisted that “the law is clear that the President appoints and Senate confirms. However, there must be a good ground for refusing to confirm. As in Magu’s cases, the President has to appoint another person since he has nominated him twice.”
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