During an interview with journalists in Abuja, Vice President Yemi Osinbajo said that he is in support of President Muhammadu Buhari‘s choice of Ibrahim Magu as the head of the Economic and Financial Crimes Commission (EFCC).
TheCable reports that Osinbajo also said that he is in support of Femi Falana’s view that the president does not need Senate’s confirmation to retain Magu.
“It is up to the senate to make their judgement, and it is up to us say what we want to do. If our candidate is rejected, we can re-present him. No law says we can’t re-present him. And again, there is the other argument, whether or not we need to present him for confirmation and that’s a compelling argument from Femi Falana.
His argument is that under the constitution, section 171, and if you look at that section, it talks about the appointments that the president can make.
They include appointments of ministers, ambassadors and heads of agencies such as the EFCC. In that same section 171, the constitution rightly said that certain appointments must go to the senate such as ministerial and ambassadorial appointments. Those of heads of agencies like the EFCC do not have to go to the senate.
That’s what the constitution says. But the EFCC act, which of course as you know is inferior, says that EFCC chairman should go to the senate for confirmation.
I am sure that even a pocket book lawyer knows that when a legislation conflicts with constitution, it’s the constitution that prevails. I agree with Mr Falana that there was no need in the first place to have sent Magu’s name to the senate, but we did so and it was rejected by the senate, but I believe that it can be re-presented.
I don’t think there is anything wrong about the fact that senate has rejected him. Senate has acted in its own wisdom to say ‘No, we don’t want him’, and we can say, ‘This is our candidate… we like the gentleman and we want him to continue,” Osinbajo said.
Osinbajo said that President Buhari could have stopped the Department of State Services (DSS) report that indicted the anti-graft boss, but proceeded to hear from Magu’s side.