Senate wednesday cautioned President Muhammadu Buhari’s nominees for head of agencies against assumption of office without its confirmation following reports that nominee for the Executive Secretary of National Human Rights Commission (NHRC), Mr. Tony Ojukwu, has already assumed duties in acting capacity.
Attorney General of the Federation (AGF), Mr. Abubakar Malami, had facilitated a letter directing the most senior officer, Mrs. Otti Ovravah, who has been acting, to hand over to Ojukwu.
The directive is in contravention of Section 8 of NHRC Act 2010, which requires Senate to confirm the appointment of the Executive Secretary of the commission.
But the Senate at the plenary yesterday reminded the nominees that it would not condone any act of illegality.
Mr Dino Melaye (Kogi APC) raised the matter before the lawmakers, describing the action of Malami as an affront to the Senate.
“There have been rumours going round in the last two weeks that Attorney General of the Federation has affronted and confronted the powers of the Senate of the Federal Republic of Nigeria. I was doing my private investigation on this matter and found out that it is true. My position was further reinforced by the publication of THISDAY Newspaper of February 27, 2018,” Melaye said.
“If AGF, who is supposed to be the custodian of our laws and chief law enforcer, will flagrantly ask an individual, who has been nominated by Mr. President, but has not been confirmed by Senate, to go and assume duties and the person has since started working, then we are not practising democracy; then we have no regard for the constitution and the rule of law,” Melaye added.
Presiding, Senate President Bukola Saraki reiterated that the nominees must assume duties, until they are confirmed by Senate.
“I thought this matter had been laid to rest because we were very clear on this issue. Once nominees have not been confirmed, they cannot go ahead and resume,” he said.
He further directed Senate Committee on Judiciary, Human Rights and Legal Matters, to investigate the reports and report back to plenary.
Senate and the executive are currently in a cold war over the confirmation of nominees whose agencies are not specifically listed in the 1999 Constitution.
The impasse was as a result of Mr Buhari’s inaction on the Senate’s non-confirmation of acting Chairman of Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, who was twice rejected by the upper legislative chamber.
Vice President Yemi Osinbajo had said EFCC was not listed in the constitution, and that the nomination should not have been sent to the Senate in the first instance.
The Senate therefore resolved to suspend confirmation process of the affected nominees pending the legal clarification of Osinbajo’s comment.
Thisday