The Nigerian Senate, has exposed why the Acting President, Yemi Osinbajo, is afraid to approach the Supreme Court, over the controversy surrounding the confirmation of Ibrahim Magu, as the Chairman of the Economic And Financial Crimes Commission, EFCC.
Recall, that the Presidency had hinted that it had initiated moves to end the Executive-Legislature impasse, over powers on certain Federal appointments, by approaching the highest court in the land, to seek legal interpretation of the 1999 Constitution (as amended).
A dependable source in the Senate, told Leadership Newspaper, that the Presidency was just testing waters, knowing fully well that Section 171 of the 1999 Constitution (as amended), has nothing to do with the EFCC.
He said: “The EFCC is not known to the 1999 Constitution as amended, because it was not in existence as at 1999, when the Constitution came to an effect. Rather, EFCC is a creation of the National Assembly, by way of an Act.
“The same Constitution that gives power to the National Assembly to make laws for order and good governance, is the same one that gives power to the National Assembly to establish an Act, by which the EFCC came into existence.
What the National Assembly has done, is recognized by the Constitution, and the Presidency is highly aware of it”.
However, the Chairman of Ethics, Privileges and Public Petitions, Senator Sam Anyanwu (Imo East), said it would be a welcome development, if the Presidency could muster courage to approach the Supreme Court over the matter.
“The Supreme Court is the highest court of the land. Let the apex court decide it once and for all. It will be a welcome relief, if the Presidency can muster enough courage to seek for clarification on who has the power for the Federal appointments in question”, he stated.
The Senate, had on July 4, showed the yellow card to Osinbajo, warning that any further move to refuse to strictly adhere to legislative decisions of the National Assembly in particular, and the 1999 Constitution (as amended) in general, will be interpreted to mean crossing the red line.
The Red Chamber also resolved during plenary, to suspend further confirmation of nominees from the Presidency, until the Executive implemenst senate resolutions in the past, concerning all issues relating to confirmation in line with provisions of the Constitution and laws of the Federation.
Irked by the alleged comment credited to the Acting President that the Senate does not have legislative powers to confirm certain nominees of the Executive, the Upper Chamber, equally asked him to withdraw same immediately.
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