Presidency Drags Senate To Supreme Court Over Magu, Others

It said the refusal by the Senate to confirm the appointment of the acting chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, had more to do with politics than with the law.

This is the position of a legal advisory prepared by judicial and legal experts as a working document in the Presidency on the differences in the constitutional interpretations on matters of certain federal appointments

The Senate had on July 4 passed a resolution suspending all issues relating to the confirmation of nominees and urged Acting President Yemi Osinbajo to respect the constitution and laws as they relate to nominees’ confirmation.

But the presidency’s legal advisory, concluded that a judicial pronouncement, “preferably by the Supreme Court, is what will settle the matter.”

A government source noted Sunday night that though it was the view of the Presidency that certain federal appointments should not require the confirmation of the Senate based on Section 171 of the Constitution, the present administration had continued to send such appointments to the Senate pending the ultimate judicial interpretation of the matter.

According to the source, “The advisory which affirms the powers of the President to appoint in acting capacity into positions such as the EFCC chairmanship, also notes that in the recent past, the ministerial nomination of Late Prof. Abraham Babalola Borishade (Ekiti State) by President Olusegun Obasanjo was rejected repeatedly by the Senate. In fact, it would be recalled that this particular nomination was presented four times in 18 months before it was eventually confirmed by the Senate.