Magu: Reps accuse Presidency of usurping Judicial powers

Members of the House of Representatives on Thursday accused the Presidency of usurping the powers of the Judiciary.

The lawmakers specifically urged the Presidency to seek interpretation of the Economic and Financial Crimes Commission (EFCC) Act before a court in relations to the Senate’s rejection of Ibrahim Magu as EFCC Chairman.

The House also stressed the need for the Executive to refrain from making statements that connote the usurpation of the powers of the judiciary.

The resolution was passed sequel to the adoption of a motion sponsored by Leo Ogor (PDP-Delta), who stressed the “need to prevent erosion of the doctrine of separation of power.”

Other lawmakers who spoke in favour of the motion namely: Kingsley Chinda (PDP-Rivers); Sunday Arabo (PDP-Kaduna); Gabriel Onyenwife, Emmanuel Orker-Jev, chairman, House Committee on Rules and Business; Ossai Nicholas Ossai, chairman, House Committee on Ethics and Privileges.

In his lead debate, Ogor explained that by the clear provision of Section 2(3) of the EFCC Act, the chairman of the anti-corruption agency shall be nominated by the President subject to the confirmation of the Senate.

“The House is convinced that the EFCC Act is an Act of the National Assembly that can only be set aside by a court of competent jurisdiction, and until that happens, the law remains in force and binding on all persons and authorities in the country.

“The House is further aware that the Executive Arm of Government has not filed any proceeding in any court to challenge the provision of Section 2(3) of the EFCC (Establishment) Act of 2004.”

Ogor maintained that under the doctrine of separation of powers, the interpretation of the Constitution and Acts of Parliament was the sole responsibility of the Judiciary and not that of any person or official of the other Arms of Government.

He said that the statement credited to Vice President Yemi Osinbajo was capable of eroding the doctrine of separation, with its obvious implication of instituting a dictatorship in the country.

In his remarks, Simon Arabo (PDP-Kaduna), emphasised the need for the Executive to honour the principle of separation of powers.

On his part, Kingsley Chinda, chairman, House Committee on Public Accounts said that people should not continue to upgrade opinions to be actual fact.

“Government should be responsive and listen to the opinions of the masses,” he said.

Following the unanimous adoption of the motion, A Yakubu Dogara mandated the Committee on Legislative Compliance to ensure implementation of the resolution.

KEHINDE AKINTOLA, Abuja