Constitutional Lawyer and Human Rights Activist, Chief Mike
Ozekhome has querried the continued retention of Mr. Ibrahim Magu
as the Acting Chairman of the Economic and Financial Crimes
Commission (EFCC) saying it is an impeachable offence.
In a statement he personally signed titled ‘Retaining Magu is an
Impeachable Offence’ Ozekhome said, “It is an impeachable offence
for the Acting President to continue to retain Magu in office as
Acting Chairman, as it amounts to ‘gross misconduct’ as defined by
section 143 of the 1999 Constitution”.
“This is because a deliberate breach of the Constitution, or
violation of extant laws, is an impeachable offence”.
“The provisions of section 2(3) of the EFCC (Establishment) Act,
2004, are all too very clear and straightforward to admit of any
ambiguity”.
“They simply provide that the President shall appoint the EFCC
chairman SUBJECT to confirmation by the Senate”.
“This simply means the EFCC chairman cannot act in office
without approval by the senate”.
“It becomes patently illegal and unconstitutional for Magu to
continue to be brazenly retained in office, in spite of the
hallowed doctrine of separation of powers and of checks and
balances provided for in sections 4,5,6 of the 1999 Constitution
and as ably espoused by Baron Dr. Montesquieu in 1748”.
“Resolutions of the Senate, and indeed the NASS, are weighty and
have the force of law under sections 4, 88 and 89 of the 1999”.
“What the executive is simply saying is “to hell with the
Senate; you don’t matter or count for anything”.
“That is intolerable. A rejection of any presidential
appointment by Senate is final and puts an end to the tenure or
aspiration of such an appointee”.
“There ceases to be any acting capacity. That has been the
custom, convention and provision of Article 2 section 2 of the USA
Constitution, since 1789 when the first presidential refusal
occurred”.
“Our presidential Constitution and presidentialism are modeled
after the US’s experience”.
Continuing he said, “Have u ever heard of ‘Acting Minister’ or
‘Acting Ambassador’ when Senate rejects nominees to those
positions?
“Let us for God’s sake get things right.”
Constitutional Lawyer and Human Rights Activist, Chief Mike
Ozekhome has querried the continued retention of Mr. Ibrahim Magu
as the Acting Chairman of the Economic and Financial Crimes
Commission (EFCC) saying it is an impeachable offence.
In a statement he personally signed titled ‘Retaining Magu is an
Impeachable Offence’ Ozekhome said, “It is an impeachable offence
for the Acting President to continue to retain Magu in office as
Acting Chairman, as it amounts to ‘gross misconduct’ as defined by
section 143 of the 1999 Constitution”.
“This is because a deliberate breach of the Constitution, or
violation of extant laws, is an impeachable offence”.
“The provisions of section 2(3) of the EFCC (Establishment) Act,
2004, are all too very clear and straightforward to admit of any
ambiguity”.
“They simply provide that the President shall appoint the EFCC
chairman SUBJECT to confirmation by the Senate”.
“This simply means the EFCC chairman cannot act in office
without approval by the senate”.
“It becomes patently illegal and unconstitutional for Magu to
continue to be brazenly retained in office, in spite of the
hallowed doctrine of separation of powers and of checks and
balances provided for in sections 4,5,6 of the 1999 Constitution
and as ably espoused by Baron Dr. Montesquieu in 1748”.
“Resolutions of the Senate, and indeed the NASS, are weighty and
have the force of law under sections 4, 88 and 89 of the 1999”.
“What the executive is simply saying is “to hell with the
Senate; you don’t matter or count for anything”.
“That is intolerable. A rejection of any presidential
appointment by Senate is final and puts an end to the tenure or
aspiration of such an appointee”.
“There ceases to be any acting capacity. That has been the
custom, convention and provision of Article 2 section 2 of the USA
Constitution, since 1789 when the first presidential refusal
occurred”.
“Our presidential Constitution and presidentialism are modeled
after the US’s experience”.
Continuing he said, “Have u ever heard of ‘Acting Minister’ or
‘Acting Ambassador’ when Senate rejects nominees to those
positions?
“Let us for God’s sake get things right.”