Mr. Femi Falana (SAN), activist and legal luminary, has explained the options open to President Muhammadu Buhari as the Senate again refused to confirm the acting chairman of the Economic and Financial Crimes Commission today (Wednesday, March 15), Mr. Ibrahim Magu.
The voice of reason was quoted as saying:
‘With respect to the Senate the confirmation hearing hurriedly conducted today is illegal in every material particular. The participation of many senators who are either under investigation or being prosecuted by the EFCC has vitiated the entire proceedings of the Senate on ground of conflict of interest. It is also a contravention of the Rules of the Senate which stipulates that matters which are sub judice shall not be discussed by the Senate.
‘However, the options open to the President are clear and straight forward.
‘They are as follows:
‘1. Mr. Magu’s nomination may be re-presented to the Senate if and when the Federal Government decides to put its house in order
‘2. Alternatively, the President may allow Mr. Magu to remain the Acting Chairman of the EFCC since he was appointed in that capacity pursuant to section 171 of the Constitution.
‘3. But if the President is not satisfied with Mr. Magu’s performance he is at liberty to appoint another person whose nomination will be forwarded to the Senate in accordance with section 2 (3) of the EFCC Act, 2004.
‘In the light of the foregoing, President Buhari is enjoined to ensure that the fight against corruption is not derailed by highly placed corrupt elements who have enlisted the support of fifth columnists and reactionary forces in the government.’