Face-off between the Legislature and Executive

The Senate seems to be in a face-off with the executive. The decision was to protest its displeasure with the continued retention of Mr. Ibrahim Magu as Acting Chairman of the Economic and Financial Crimes Commission, EFCC, despite his failure to get Senate confirmation.
The Senate’s action received mixed reactions from lawyers, ranging from support to disagreement on the point that the President’s seeming reluctance on Magu should not make the Senate abandon its constitutional duty.

The Senate had penultimate Wednesday refused to confirm Magu after screening the acting chairman of the anti-graft agency. The Senate rejection nonetheless, Magu has continued to act in that office, a development that drew the ire of the Senate, yesterday. It then resolved to stand down confirmation hearing of the 27 REC nominees.
The Senate is also not happy with the Presidency over comments by the Chairman, Presidential Advisory Committee against Corruption, Professor Itse Sagay, who was alleged to have described the exercise of the Senate in screening nominees of the Executive as mere confirmation.

Before plenary, yesterday, the Senate had met in a closed-door session where the Senate position was rehearsed. The tone of yesterday’s action at plenary was set by Senator Peter Nwaoboshi (PDP, Delta North), who pleaded that for the nation’s democracy to be protected, the Senate should step down confirmation process of the RECs since some of them are acting, alleging that President Buhari’s appointees were disrespecting the Senate. He also condemned comments by Professor Sagay that the Senate’s role in appointments was “merely” to confirm.
He said: “Recently in this Senate, we have dealt with the issue of confirmation and where are we today? The chairman of the Presidential Committee on Anti-Corruption, Professor Itse Sagay went to the press and said the Senate merely confirms.
“Today, we have now been given a list to confirm. Look at the list, we have eight of them here out of 27, eight of them are for re-appointment which means they are acting already, they are already working and they are still in position.
“My position on this matter is that since our confirmation is ‘merely’, let us suspend it until we now know whether we have the power as given to us by the constitution to look into confirmation matters or any other status,” he submitted.

Deputy Senate President, Ike Ekweremadu urged his colleagues to allow suspension of the request for only two weeks rather than indefinite suspension to enable the Senate President meet with President Buhari to communicate the sentiments of the Senate concerning Magu.

During the two-week suspension, Senate President Bukola Saraki is expected to meet with the President to resolve the issue of Magu, who was, yesterday, described by a senator as a terror to them.