Senate lacks power to direct Osinbajo to remove Magu – Sagay

The Chairman of Presidential Advisory Committee Against Corruption (PACAC), Itse Sagay, has said the Senate lacked powers to direct Acting President Yemi Osinbajo to remove the Acting Chairman of the Economic and Financial Crimes Commission (EFCC) Ibrahim Magu.
He said this on Tuesday in reaction to the threat by the Senate to suspend all confirmation of appointments made by the Presidency until compliance with its previous resolutions.

Sagay accused the Senate of trying to usurp the President’s powers on appointment.
He also said the provision in the EFCC Act which stated that the appointment of the commission’s was subject to Senate confirmation was invalid for being inconsistent with the Constitution.
The Senior Advocate of Nigeria (SAN) said: “This is a Senate that does not realise that it is part of the legislature and not an executive body. And they want to do both the legislative and executive work together, which will totally eliminate the principle of separation of powers. That’s the sort of people they are. They’re legislators, but they’re hungry to be the executive body.

“If they threaten to bring government to a halt, they will bear the responsibility and consequences that will arise. Let them be ready to take the consequences of their actions.
“In fact, it may be good for this country for them to expose themselves like that and let the country know the people who constitute a problem to good governance in Nigeria.
“How can they say he (Osinbajo) should remove somebody? That is an executive power. The Constitution empowers the President to appoint the chairman of EFCC and other such agencies directly.

“So, if they’re uncomfortable with the fight against corruption and feel threatened by a man who is upright, committed and will not be distracted from doing his job, if they’re not comfortable with that, it’s unfortunate. But nobody is going to listen to them as far as that is concerned.
“If they want to indulge in the misadventure and danger of bringing government to a halt, then on their head will be the consequences,” Sagay said.
On why the section is invalid, Sagay said: “It is invalid because it is in conflict with the provisions of the Constitution.”