“Maguphobia”

I have just heard with one ear that the Senate has given President Buhari two weeks to sack EFCC acting chairman, Ibrahim Magu, or else…… It seems the Senate is beginning to suffer from an ailment best described as “maguphobia”.

I am not a lawyer, but with all due respect to the (un)distinguished (Sin)ators, I do not think they have powers to compel the President to sack anybody. Their power stops at confirming or declining to confirm anybody appointed by the President. Their power does not extend to compelling the President to sack anybody not confirmed by them.

Much as one would expect the President as a matter of courtesy to remove an appointee whom the Senate has declined to confirm, he is not in violation of any law if he chooses to retain that person. It is not for the Senate to compel the appointee’s removal. There is no law giving the Senate such power.

Where Senate withholds confirmation, and the President choses to retain that person, the worst that can happen is that the appointee remains in an acting capacity and cannot enjoy the privileges and perquisites of that office as would a substantive appointee.

Now, I have read some argument to the effect that the EFCC Act does not make provision for an Acting Chairman. My response is that neither does it expressly prohibit a chairman in acting capacity. Nor does it prescribe how long a chairman should act in acting capacity.

One thing is indisputable: the Act gives the President the power to appoint the chairman. It does not give the Senate the power to compel his removal. So, the Senate is over-reaching itself assuming powers it does not have. Perhaps this needs to be tested in court.

That said, let me now say that the President is best advised to forget Magu and look for somebody else for the EFCC chair. There must be somebody who can be as good as, if not better than, the great Ibrahim Magu.

From all indications, Magu’s confirmation was bungled by the Presidency itself. That mistake, costly as it is, has been made and nothing can be done to unmake it except sacking those who had a hand in it.

President Buhari must either re-assert himself now and show that he is still in-charge, or delegate significant aspect of his job to his vice Prof Yemi Osinbajo who has proven himself competent enough.

I don talk my own oh!