Senate at it again, set to clash with Osinbajo over Magu April 24

By Kemi Kasumu, General Editor

One of The DEFENDER’s respondents however said, “There has never been any need for any Presidency/Senate reconciliation as we have always warned that the President did not have to reconcile with Senators whose conditions for accepting his reconciliation is for him to drop his anti-corruption war in the country.  If therefore the Osinbajo’s comment will frustrate the so-called reconciliatory move by the presidency, and so what?  Or are you journalists part of the corruption?  If you are not, why then would you make them popular by raising this as a point?  Osinbajo is right to say what the law says.  Let the Senators convene for review of the Magu’s matter and let them start a new fight, we Nigerians have not relented.  That is all!”

Indications have emerged that Senators are set to clash with the Presidency over the recent comment by Vice President Yemi Osinbajo, which stated the obvious about the constitutional position that the Acting Chairman of Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Mustapha Magu, does not need Senate confirmation, The DEFENDER has gathered.

Osinbajo had pointed it out clearly that there are some appointments that the President is empowered by the constitution to make, which would not need to go to the Senate for screening and confirmation saying Magu’s inclusive.  He said where a legislation is in conflict with the constitution, the constitution prevails.

About five days after Osinbajo made the comment and the Senators appeared to have been silenced by the overwhelming views expressed by the Vice President, they seemed to have just woken up from slumber caused by the blow of that comment as some of the Senators, at the weekend, are said to be angry with him over the comment.

Osinbajo the second-in-command to the highest highest authority in Nigeria, is not just a Senior Advocate of Nigeria (SAN) but also, is a professor of Law respected and noted for his competence as teacher of evidence in law.  He has been publicly and severally acknowledged by Prince Bola Ajibola (SAN) as his former Senior Special Assistant that played vital role in his (Ajibola’s) Nigerian Law Review as Attorney-General of the Federation and Minister of Justice for the over six years he spent in office as law officer of the federation.

He had been charged by his boss, President Muhammadu Buhari, to along with the sitting Attorney-General of the Federation and Minister of Justice, Mallam Abubakar Malami (SAN), to look into the allegation of DSS report against Ibrahim Magu and come up with a position.

Coming out from that investigation, Osinbajo said Magu did not need the confirmation of the Senate as it was the within powers of the President to appoint heads of agencies of government without their names having to get to the Senate.  He however said this excluded those on the ministerial appointment.

The comment by Osinbajo, going by the reactions gathered from senators at the weekend, may frustrate the reconciliatory move by the Presidency on the recent crisis between the executive and the legislature.

One of The DEFENDER’s respondents however said, “There has never been any need for any Presidency/Senate reconciliation as we have always warned that the President did not have to reconcile with Senators whose conditions for accepting his reconciliation is for him to drop his anti-corruption war in the country.  If therefore the Osinbajo’s comment will frustrate the so-called reconciliatory move by the presidency, and so what?  Or are you journalists part of the corruption?  If you are not, why then would you make them popular by raising this as a point?  Osinbajo is right to say what the law says.  Let the Senators convene for review of the Magu’s matter and let them start a new fight, we Nigerians have not relented.  That is all!”

The lawmakers also hinted that the Senate may seek the help of the judiciary on the enforcement of its rejection of Magu.

According to them, the upper chamber of the National Assembly may need to approach the judiciary for the correct interpretation of the rejection of Magu’s nomination.

Osinbajo, a few days ago threw his weight behind Magu and suggested that he (Magu) does not need Senate confirmation, to head the agency.

A cross section of senators who spoke to Daily Trust on Sunday, said the comment of the Vice President would further worsen the feud between the executive and the legislature.

President Muhammadu Buhari had weeks ago constituted a mediation committee chaired by Osinbajo to address the stand-off between the two arms of government.

Magu has been rejected twice by the Senate over a report by the Department of State Services (DSS).

In an interview, a senator said even though Magu is presented 1,000 times for confirmation, they will reject him.

“It is funny that the Vice President is saying this. As a professor of law, he should know this and two,  as the chairman of the peace committee, he shouldn’t have said this.

“His utterances will negatively affect the peace committee because one of the issues creating the feud is the confirmation of Magu. We are saying he should be replaced and he is saying, we are wrong. Let me tell you that even if Magu is presented for confirmation 1,000 times, we will reject him because he lacks the capacity to occupy that office,” he said.

Another senator who also spoke said the comment by the vice president angered many of them. “I was not surprised when my attention was drawn to the report credited to the Vice President because from day one he has been in the forefront of the crusade for  Magu’s confirmation. In fact, aside from sending Magu’s name for confirmation, all the campaigns for it have been from his office. We know this.

“As you know refusal of the executive to implement our resolutions is the bane of our relationship. Now he is saying this. How will he succeed?  Will there be EFCC without an Act?”

Another senator, who also did not want to be named said the Vice President should invite the APC caucus, rather than antagonising them.

“We have three categories of people in the Senate. We have those who are against Magu, those who are for him and those who are neutral. By his statement, Osinbajo has spoilt the slim chance of Magu at the Senate and the peace committee he chairs,” he said.

Meanwhile, our reporter reliably gathered that the leadership of the Senate would review the resolution on the rejection of Magu on the 24th of this month.

A source close to the leadership said, “the meeting will be held on Monday 24th of this month outside the National Assembly. A decision would be taken on it and other issues including the 2017 budget. The following day on Tuesday, the issue would be tabled before senators at an executive session before plenary.”

Our correspondents report that the lawmakers are resuming from their Easter break on Tuesday, the 25th of this month. The two-week ultimatum given to President Muhammadu Buhari to sack Magu has elapsed.

The senators, on the 28th of last month stood down the confirmation of Resident Electoral Commissioners (RECs) of the Independent National Electoral Commission (INEC) over Magu.  They said the RECs would not be screened unless Magu was replaced.

Efforts to get the spokesperson of the Senate, Senator Aliyu Sabi Abdullahi, to comment on the matter were not successful as his mobile phones were switched off  when our reporter called him.