The Senate has warned the acting President, Prof. Yemi Osinbajo to avoid dire “consequences” by sacking the acting chairman of the Economic and Financial Crimes Commission (EFCC) Ibrahim Magu.
The nature of the consequences was undesclosed.
On Tuesday, as a first step to make good its threat, the senate suspended further confirmation of any nominations into public offices until the government acts on its demand.
The lawmakers are dissatisfied with the presidency because they rejected the nomination of Magu twice but the president kept him in his position in acting capacity.
In view of the rejections, Osinbajo had said the Senate confirmation was no longer necessary, citing some sections of the constitution which he said override the EFCC Act.
The Senate did not reacted on that statement until Tuesday when it reconvened from Eif Fitr break.
The resolutions adopted are: “That the Senate suspends all issues relating to confirmation of nominees from the executive until all issues of confirmation as contained in the constitution and laws of the Federation are adhered to.
“The Acting President must respect the constitution and laws as it relates to confirmation of appointments.
“The Acting President should immediately respect rejection of nominees by the Senate.
“The Acting President should withdraw the statement credited to him that the Senate does not have the power to confirm certain nominees.”
The resolutions were passed following the debate on a point of order raised by Senator Ahmed Sani Yarima (APC, Zamfara) on the statement made by the Acting President.
The debate was preceded by an executive session that lasted for about an hour where issues relating to the workings of the Senate including Osinbajo’s statement were discussed.
Yarima cited rule 14 of the Senate after the Senate President, Senator Bukola Saraki read a letter from Osinbajo, requesting for the confirmation of Mr. Lanre Gbajabiamila as the Director-general the National Lottery Regulatory Commission.
After the letter was read, Yarima raised the point of order, saying the comment by the acting President on the confirmation of Magu should be debated before the consideration of the request.
“I recall that at one time, the acting President said the Senate lacks the power to confirm nominees. I wouldn’t know if he has changed his position on this.
“I will want the Senate to discuss the acting President’s statement. It is better we discuss this matter now before the consideration of the request,” he said.
Osinbajo in April, while speaking on Magu”s rejection said: “It is up to the senate to make their judgement, and it is up to us to say what we want to do. If our candidate is rejected, we can re-present him.
“No law says we can’t re-present him. And again, there is the other argument, whether or not we need to present him for confirmation and that’s a compelling argument from Femi Falana.
“His argument is that under the constitution, section 171, and if you look at that section, it talks about the appointments that the president can make. They include appointments of ministers, ambassadors and heads of agencies such as the EFCC.
“In that same section 171, the constitution rightly said that certain appointments must go to the senate such as ministerial and ambassadorial appointments.
“Those of heads of agencies like the EFCC do not have to go to the senate. That’s what the constitution says. But the EFCC act, which of course as you know is inferior, says that EFCC chairman should go to the senate for confirmation, “he said.
Supporting Yarima’s request, Senator George Sekibo (PDP, Rivers State) said: “If you reject one law, you are rejecting the Constitution because the laws that establish agencies are appendages of the Constitution.
“I don’t want to talk about gross misconduct but the moment you are playing with the Constitution and laws, it means you are playing down on Nigerians who make the laws,” he said.
Also, Senator Isah Hamma Misau (APC, Bauchi) accused the executive of frustrating the Senate from discharging its constitutional duties.
“There are a lot of corruption cases against Fashola under this administration. If they are not ready for democracy, they should propose another form of government but under this arrangement, the Senate is supreme,” he said.
Senator Samuel Anyanwu (PDP, Imo) said they will move against the Senate leadership if it fails to act on the acting President’s statement within 48 hours.
Explaining the rejection of Magu, Senator Dino Melaye (APC, Kogi) said: “Magu came for a job interview and failed. He was rejected by the Senate. But as I speak to you, he is still parading himself as the EFCC boss.”
Deputy Senate President, Ike Ekweremadu, said the constitutional provision upon which Osinbajo made his comment only applied to personal staffs of the President.
He said the Senate is adequately empowered by law to confirm or reject any appointment by the President.
Senate Chief Whip, Senator Olusola Adeyeye (APC, Osun) said if the executive is not clear on the provisions of the law on the confirmation, it should go to court for interpretation, saying nobody has the right to disobey the law.
There was mild drama when Senate Enyinnaya Abaribe (PDP, Abia) said there was a vacuum in the country.
“We have nobody at the head of the government and all the laws say you cannot have a vacuum. The acting President is not in the country,” he said.
However, Senator Kabiru Marafa (APC, Zamfara) raised a point of order, citing section 53(4) of the Senate rules.
“It is an abuse of privilege to make such assertion that there is a vacuum. The Constitution is very clear on this, if the acting President is out of the country for whatever reason, the Senate President is in the line,” he said and there was a roar of approval from the floor.
Saraki ruled Abaribe out of order, saying: “This matter that Abaribe brought is out of our discussion. It is not in line with our discussion. We can have that another day if the need arises.”
On the resolution on Osinbajo, the Senate President said: “These resolutions of the Senate must be acted upon by the acting president; otherwise we will take appropriate action.”
