Femi Falana has revealed that President Muhammadu Buhari has the right to re- appoint Ibrahim Magu, according to the
constitution.
Human rights lawyer, Femi Falana
Human rights lawyer, Femi Falana, has claimed that President Muhammadu Buhari has the right to appoint embattled Acting
Chairman of the Economic and Financial Crimes Commission, EFCC, Ibrahim Magu for as long as he wants.
Falana said this on Sunrise Daily, a Channels TV programme on Friday, where he said it was incorrect to say that Magu could not
remain as the acting chairman of the EFCC because he was rejected by the senate.
The lawyer cited section 171 of the Nigerian constitution, which said that the President does not need to ask for confirmation of
some appointments.
He explained further that the senate could only confirm ambassadors and heads of
foreign mission as provided for in section 171 subsection 2 of the constitution.
The Senior Advocate of Nigeria said the executive is not on the receiving end of sound legal counsel while adding that the
8th senate may expose the national assembly to “unfathomable ridicule.”
He said, “To be honest with you, I
sympathise with the senate because if care is not taken, these set of senators will have
the end of the day expose the national assembly to such unfathomable ridicule.
“It will be unfortunate, a tragedy to the country, every public officer has his or her power defined by the constitution. The moment you go outside that you have engaged in impunity. Section 171 of the
constitution has vested the power in the president to appoint any person to that office or act in that office and the duration is not specified.
“Of all the positions listed there, positions to be occupied by public officers without any reference to the senate – secretary to the
government of the federation, permanent secretaries, head of service and heads of extra-ministerial departments like the EFCC and the ICPC.
“With profound respect, in sending the letter to the senate for confirmation, the president relied on section 2 subsection 3 of
the EFCC Act but that section has to be read subject to the constitution.
“So if you do that, section 171 takes precedence over section 2 subsection 3 of the EFCC Act. So does the president need to
ask for confirmation? No.
“Unfortunately, the executive is not exposed to sound legal advice on this matter, with profound respect. In that section 171,
subsection 2, you also have position of ambassadors and heads of our foreign missions. But that subsection says they shall
be confirmed by the senate.”
