President Muhammadu Buhari has replied the Senate on its rejection of the nomination of the Acting Chairman of the Economic and Financial Crimes Commission, Mr. Ibrahim Magu.
In a letter, which reliable sources said was sent to the Office of the President of the Senate on Sunday night, Buhari pleaded with the lawmakers to confirm Magu.
It was gathered that the President’s stance stemmed from the fact that the acting EFCC chairman had been cleared of allegations against him in the security report by the Department of State Services.
Buhari’s letter was in response to the communication from the Senate on the rejection of Magu’s nomination for the EFCC chairmanship.
It was further learnt that the President addressed the issue of Senate’s allegation of misconduct against the Secretary to the Government of the Federation, Mr. Babachir Lawal.
A source, who is close to the leadership of the Senate, told The PUNCH, on Monday, that the President appealed to the Senate to confirm Magu.
The source, who declined to be named as he was not authorised to speak to the media on the new development, said, “The President of the Senate got the letter last (Sunday) night. He is not covering the allegations in the DSS report, but Magu had been cleared of the DSS allegations.
Six months after Buhari wrote the Senate, asking for legislative approval for Magu’s appointment, the lawmakers had, on December 15, 2016, rejected the nomination based on a “security report” by the DSS.
The DSS, in its report, specifically disqualified Magu from the EFCC chairmanship, alleging that his activities had made him ineligible to hold the office.
The report was addressed to the Clerk of the Senate, dated October 3, 2016, in reference to a letter by the Senate, dated September 21, 2016, asking for Magu’s security check.
The report, which listed several alleged malpractices against the EFCC boss, concluded, “In this light, Magu has failed the integrity test and will eventually constitute a liability to the anti-corruption drive of the present administration.”
The Senate, after rejecting Magu’s nomination, had communicated the rejection to the President.
The EFCC acting chairman had, in response to a query given to him by the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami, denied the allegations.
Another senior lawmaker in the Senate also confirmed Magu’s renomination by Buhari.
The senator, who spoke on condition of anonymity, said the there were indications, after the Senate rejected Magu’s confirmation, that Buhari would not present a different nominee.
When asked if he was aware that Buhari had re-presented Magu to the Senate, the senator said, “Why won’t I be aware? You people (media) now need to market him very well because the anti-corruption war must be fought by everybody; otherwise, if we don’t kill corruption, corruption will kill us.”
The Media Office of the President of the Senate, however, declined to speak on the communication from the Presidency on Magu.
Special Adviser to the Senate President on Media and Publicity, Mr. Yussuph Olaniyonu, told one of our correspondents, “If there is any executive communication, it would be announced at plenary.”
Clerk to the Senate, Mr. Nelson Ibhaguezege, referred The PUNCH to the Office of the President of the Senate, when asked if the renomination was communicated through his office.
Chairman, Senate Committee on Media and Public Affairs, Senator Sabi Abdullahi, could not be reached to confirm Magu’s renomination.
He neither returned calls to his mobile lines nor replied a test message sent to him on the matter.
Falana, Sagay, CACOL back Buhari, Mohammed berates Senate, President’s aides
In his reaction, human rights lawyer, Mr. Femi Falana (SAN), said the renomination of Magu was in order because the EFCC boss was not treated fairly the last time as he was not allowed to defend the allegations levelled against him.
Falana said, “With respect, the Senate did not consider the nomination the first time. The Senate is required to conduct a confirmation hearing whereby the nominee is afforded an opportunity to react to allegations made against him or her. That was the procedure adopted in the screening of all ministerial nominees. I am sure that the Senate will adopt the same procedure in the case of Magu.”
Also speaking with one of our correspondents, Chairman, Presidential Advisory Committee Against Corruption, Prof. Itse Sagay (SAN), said the President was right to send Magu’s name back to the Senate for confirmation.
Sagay said the report implicating Magu had been investigated and found not to be true and therefore, of no consequence.
The senior advocate added, “I am in support of this move. That is the best choice and I am happy about it. He was victimised because he was doing his job very well. People were afraid because he was excellent at that job and they felt threatened.”
Asked if he was confident of Magu’s confirmation this time round, Sagay said, “Their reasons for rejecting him was that a report was written against him and that report has been proved to be totally untrue and unsubstantiated; so, what other reason do they have to reject him?”
On his part, Second Republic member of the House of Representatives, Dr. Junaid Mohammed, described the controversy surrounding the confirmation of Magu as an unnecessary distraction.
He said this in a telephone interview with The PUNCH in Abuja, on Monday.
According to him, both the President and the Senate could have saved the nation’s precious time if they had done their homework right from the beginning.
He said the drama surrounding the whole affair exposed the level of “incompetence” which exists at the highest levels of government.
Mohammed said, “As far as I am concerned, the controversy about the rejection of Ibrahim Magu’s name was unnecessary and uncalled for. It was badly handled by the Executive branch.
“First, before his name was submitted there should have been a very thorough security check; once that has been done, other security agencies and other arms of government should be in the know.
“As far as I am concerned, Magu is still a policeman and the police that I know keep very meticulous records about their personnel especially an officer of the rank of Assistant Commissioner of Police.
“There was absolutely no reason for this fracas which was caused by the mediocrity, incompetence and irresponsibility of those who are charged with handling such matters for Mr. President.”
He accused the DSS of wanting to eat its cake and have it by writing separate reports on the same person and changing it to save face following a backlash.
Mohammed also accused Senators of behaving like amateurs in their its handling of the Magu’s initial confirmation hearing by not giving him a chance to defend himself if indeed there was an adverse report about his professional conduct.
He stated, “Clearly, some people in the cabal have found it necessary to align with Senators who are anti- Magu and anti-EFCC. This initial plan of the Senate backfired because of the massive pressure from the public and the international community.
“In backfiring, it has exposed the ineptitude and mediocrity of the Presidency and the executive branch.
“I hope the EFCC will save us from further embarrassment. I hope the Senate will this time live up to the occasion and confirm Magu to continue with his job.”
Chairman, Coalition Against Corrupt Leaders, Mr. Debo Adeniran, hailed the President for re-nominating Magu as the EFCC’s chairman to the Senate.
Describing Magu as the best man for the job, Adeniran said he had shown the courage and tenacity against corruption which corrupt Nigerians detested.
He said, “That was what we recommended to the President. Magu has the courage to look at corrupt leaders in the eye. He is courageous and determined and that is what corrupt persons in the country do not want.
“This was why we urged the President not to nominate anybody else. If we allow Magu to be disgraced out of office, nobody would be willing to take up the position and exhibit the zeal needed to perform as chairman of the commission.”
CLO flays Buhari for renominating acting EFCC’s boss
Executive Director, Civil Liberties Organisation, Mr. Ibuchukwu Ezike, however, flayed the President for re-presenting Magu to the Senate, saying it showed that the government was not sincere with its anti-corruption fight.
“Representing Magu to the Senate for confirmation shows that the APC government is not fighting corruption, and that it is deceiving Nigerians that it is fighting corruption.
“Is Magu the only Nigerian that has the capacity to head the EFCC? How many heads of the EFCC have come and gone; has that place collapsed? So, if the Senate, in its wisdom, after assessing Magu, says he is not qualified, why is the President imposing him?
“If the Senate says Magu is not qualified, the executive can give him any position it wants, but not that the President will continue to impose Magu.
“It shows that there is a conspiracy between the Presidency and Magu. There are over one million Nigerians that are qualified to head the EFCC.”
Court hears case against Magu Feb. 13
Meanwhile, Justice Mojisola Olatoregun of the Federal High Court in Lagos has fixed February 13, 2017, to hear a suit seeking to bar the Senate from reconsidering its rejection of Magu as the substantive Chairman of the EFCC.
The suit was filed by a Lagos-based activist and lawyer, Mr. Ebun-Olu Adegboruwa, who is also seeking an order stopping Magu from further parading himself as the acting EFCC chairman.
When the case came up for mention on Monday, only Adegboruwa appeared for himself while none of the defendants was represented in court.
Joined as defendants in the suit are the Senate, the Attorney General of the Federation, the EFCC and Magu.
Justice Olatoregun, while consequently adjourning the case till February 13 for hearing, ordered that hearing notice be issued and served on the defendants before the next adjourned date.
In the suit, Adegboruwa contended that by remaining in office as acting EFCC chairman after his rejection by the Senate on December 15, 2016, Magu was violating Section 2 (3) of the EFCC Act.
In the affidavit he filed in support of the suit, Adegboruwa complained that despite being turned down by the Senate, Magu continued to parade himself as the EFCC boss and even met with representatives of the United States Embassy on January 6, 2017.
Adegboruwa is urging the court to restrain the Federal Government, the EFCC and all other authorities from “recognising, treating or in any other manner dealing with Magu as the chairman of the EFCC, either in acting or substantive capacity.”
He begged the court to not only order Magu to immediately vacate office but to also declare illegal, null and void all the criminal charges filed in by the EFCC since the day Magu was rejected by the Senate.
Buhari writes Senate over SGF too
The Senate had also called for the SGF’s resignation, probe and prosecution over allegations that Lawal awarded contracts, meant for the rehabilitation of Internally Displaced Persons, to a company in which he had interest.
The decision was based on the interim report by the Senate Committee on the Mounting Humanitarian Crisis in the North-East, headed by Senator Shehu Sani, which was released on December 14, 2016.
The lawmakers specifically called on security and anti-graft agencies to arrest and prosecute Lawal, who is overseeing the Presidential Initiative on the North-East, for allegedly owning one of the companies awarded contracts in the rehabilitation of the North-East.
Lawal was alleged to have resigned his directorship of the company after becoming the SGF and after the company had executed the contract.
The SGF had denied the allegations, saying what the Senate said was “balderdash.”
The interim report of the committee had questioned projects such as two conferences on rebuilding the North-East, which cost N50m each and the purported payment of N223m for the removal of invasive plant species in Komadugu in Yobe.
Following the allegations of wrongdoing against Lawal and Magu by the Senate and DSS respectively, Buhari had directed the AGF to probe all top government officials accused of corruption.
Malami’s report, which had been submitted to the President, is awaiting presidential action.
Punch
