The intense lobbying for
the chairmanship of the Economic and Financial Crimes Commission (EFCC)
has heightened since the return of President Muhammadu Buhari from his
private time in London.
Lobbyists seeking to get their nominee to
replace acting EFCC Chairman Ibrahim Magu, have recommended two
Commissioners of Police (CPs) for the position.
Some governors are also said to be among those against Magu’s substantive appointment.
President
Buhari is, however, keeping his decision on Magu to his chest while his
body language is giving sleepless nights to the arrowheads behind the
plot to remove Magu.
But Buhari may have to take a decision on
Magu on or before December 4 when the Federal High Court in Abuja will
deliver judgement on the consolidated suits challenging the continued
stay of Magu.
If President Buhari decides Magu’s fate before
December 4, he would have beaten the court to it and make the judgment
an academic exercise. Magu was appointed by President Buhari on
November 9, 2015. But the Eighth Senate under former Senate President
Bukola Saraki twice declined to confirm his nomination.
A source
confided to our correspondent that influential individuals have brought
the names of the two CPs (names withheld) to the Villa on many occasions
for the President’s consideration.
The source said: “It is an
open secret in the Villa that those against Magu have not relented. They
took the two CPs to an Emir, asking him to prevail on the President to
choose one of them as Magu’s replacement.
“But the royal father
declined and politely told them to take the gentlemen to the President
themselves since they also have access to him. “But the President is
taking his time on the matter. He is not unmindful of the stellar
performance of the EFCC under the watch of Magu in terms of remarkable
convictions and recoveries of stolen assets.”
It was also
gathered that some governors and lawmakers are not happy with the idea
of Buhari re-presenting Magu for confirmation. They alleged that Magu “does not weigh political implications of some of the investigations being conducted by the EFCC.”
These
governors and senators from the ruling APC and opposition PDP were said
to be uncomfortable with the retention of Magu on the grounds that the
anti-corruption czar would move against them once his confirmation
process is concluded.
The senators were said to be apprehensive
of Magu’s incorruptible stance on corruption matters. A governor, who
spoke in confidence, said: “There is no doubt about it, the acting
chairman of EFCC has done well, but the problem with Magu is that he
does not appreciate that he is working in a political environment.
“If
there are delicate issues at hand, Magu proves difficult. Fighting
corruption in an environment like this requires some tact and diplomacy. “The EFCC chairman has not been sparing those who are even making a strong case for his substantive appointment.”
But some stakeholders have argued that there is the need for Buhari to forward Magu’s name without further delay.
They
also insisted that the retention of Magu would enable him to complete
certain sensitive cases for the benefit of the country.
It was
gathered that Justice Ijeoma Ojukwu of the Federal High Court in Abuja
will rule on the suits against Magu before her on Dec 4. The judgment will be on consolidated suits challenging Magu’s stay in office in acting capacity.
Justice
Ojukwu adjourned to decide Magu’s fate after the court heard and
adopted final briefs of argument in five separate suits bordering on the
legality or otherwise of his tentative leadership of the anti-graft
agency.
Whereas four of the suits that came up for hearing prayed
the court to declare Magu’s stay in office as illegal since his
nomination by President Muhammadu Buhari was twice rejected by the
Senate, the fifth suit urged the court to hold that he could validly
remain as the Acting Head of the agency despite Senate’s decision
against him.
Defendants in the case are President Buhari, the
Attorney-General of the Federation and Minister of Justice, Mr. Abubakar
Malami (SAN), the Senate, as well as Magu and the EFCC.
Though a
total of 12 legal actions were filed before the court after President
Buhari gave Magu the nod to remain in office, notwithstanding the
rejection of his nomination, seven of them were subsequently struck out
for want of diligent prosecution.
The court in 2017 consolidated all the suits, based on a joint application that was filed by President Buhari and the AGF.
Sections
2 and 3 of the EFCC (Establishment Act) 2004 on the composition of EFCC
and appointment of chairman read in part: 2: (l) The Commission shall
have a chairman who shall be the Chief Executive and Accounting Officer
of the Commission, who should be a serving or retired member of any
government security or law enforcement agency not below the rank of
Assistant Commissioner of Police or equivalent, among other conditions.
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