There are indications the Senate has abandoned the confirmation of Mr . Ibrahim Magu as substantive Chairman of the Economic and Financial Crimes Commission .
It was gathered on Monday that the lawmakers had yet to agree on the next line of action on Magu , the reason why they have been silent on his confirmation .
Those who responded to our correspondent ’ s enquiries gave conflicting reasons for the delay .
The Senate had delayed action on President Muhammadu Buhari ’ s letter to the lawmakers in which he sought legislative approval for Magu’ s appointment for six months.
The lawmakers subsequently on December 15 , 2016 , rejected the nomination based on a “ security report ” by the DSS .
The DSS , in its report dated October 3 , 2016 , specifically disqualified Magu for EFCC chairmanship , alleging that his activities had made him ineligible to hold the office .
The Senate , after rejecting Magu’ s nomination , had communicated the decision to the President .
But President Buhari , in his response to the Senate, still urged the lawmakers to confirm Magu as Chairman of the EFCC .
It was , however , learnt that the since Senate President Bukola Saraki read Buhari ’ s letter to the lawmakers during plenary on January 25 , 2017 , no official action had been taken on Magu ’ s confirmation .
When contacted on Monday , the Chairman , Senate Committee on Anti -Corruption and Financial Crimes , Senator Chukwuka Utazi ( PDP, Enugu North ), who replied to a text message sent to him , blamed the delay on the Committee on Rules and Business .
He said , “It is the floor functionaries with the Rules and Business Committee that will determine a date for scheduling it ( Magu’ s confirmation ) on our Order Paper . ”
But the Chairman , Committee Rules and Business , Senator Babajide Omoworare ( APC, Osun East ), did not return calls to his telephone lines and did not send a response to a text message sent to him , asking him to confirm or deny the allegation .
The Vice- Chairman of the committee , Senator Ali Ndume ( APC, Borno South ) also did not return our correspondent ’ s calls, neither did he reply to the reporter ’ s text message .
Also , the Deputy Minority Whip , Senator Abiodun Olujimi ( PDP, Ekiti South ), said the lawmakers had yet to deliberate on Magu ’ s confirmation ever since Buhari replied the Senate on his appointment .
“ We have never discussed it. Never ever have we discussed it. Most of our people (in PDP caucus ) are disposed to clearing him , ” she said .
The Chief Whip , Senator Olusola Adeyeye ( APC, Osun Central ), when asked why the confirmation had been delayed , declined to speak on it .
“ Honestly, I cannot comment on that , ” he said , stressing that he was out of Abuja on an official assignment .
But Senator Danjuma La’ ah ( PDP, Kaduna South) , who denied knowledge of the letter from Buhari , urging the Senate to still confirm Magu , stated that the Senate had made its point on the acting EFCC chairman .
He said , “ The Senate is not silent on the matter . We have sent our resolution back to the President , telling him what actually was our stand. If he (Buhari ) still insists that he wants the EFCC chairman to be confirmed , then , we will tell him why we cannot take him (Magu ). ”
When reminded that the President had replied the Senate on Magu , La’ ah said , “ No , we have not seen it. I don ’ t know and I ’ ve not heard about it. Maybe they brought it (the letter ) when I was not around . But as far as we are concerned , we have told him that this is our stand . ”
In his reaction , Senator Adesoji Akanbi (APC, Oyo South) , stated that until the DSS issued a new report to clear Magu, the Senate might not be able to confirm his appointment .
“ We have said it that we won’ t confirm Magu until the DSS clears him . If the security agency issues another report and he is cleared , we will consider him . If there is no clearance from the DSS and we go ahead to act on the President ’ s letter , that means DSS ’ clearance of any other nominee is of no use again .
“ It is part of the guidelines that clearance is necessary ; and who can clear a nominee ? It is the DSS , ” he said .
Another APC senator, who spoke on condition of anonymity, stated that the lawmakers would not start the confirmation process until Magu had been cleared by the DSS .
The source stated , “ The delay is not deliberate . Sometimes , we have to be careful . The chamber now sees Magu as a saint . Today , for the first time, he got a former governor convicted . I think ( Acting President Yemi ) Osinbajo, being a senior lawyer , has now aligned with us on the fact that a clearance letter must come from the DSS . This is one of the areas where the incapacity of the President can delay processes . Osinbajo will not make a move on such matter ; he will not want to dabble in it at all. If the President returns , he will ask the DSS to issue another report . ”
The Chairman , Senate Committee on Media and Public Affairs , Senator Sabi Abdullahi (APC, Niger North ) , did not return calls to his mobile.
He had recently told our correspondent that the confirmation had been suspended until after the passage of the 2017 Appropriation Bill .
‘PSC not DSS can disqualify Magu’
Also , another member of the Senate APC caucus , who spoke on condition of anonymity for fear of victimisation by his colleagues, however , said with the nod given by Buhari despite the DSS report disqualifying Magu , the Senate should dismiss the report .
The senator said , “ At the first instance , we said we rejected Magu based on the letter ( report ) from the DSS and the President said he had investigated the issue, in relation to the letter , and he ( Buhari ) has renominated him . The other thing now is that a case ( on Magu’ s confirmation ) is now before a court . The Senate cannot sit on it anymore. ”
According to the lawmaker , there is a limit to what the judiciary can do to stop Magu . He also said the DSS was not in the best position to disqualify a serving police officer (Magu ) but the Police Service Commission , which is his current employer .
He said , “ Either way , those against Magu are the losers . What can a court do ? The case that Magu should not be confirmed will not see the light of the day . It is a matter of common sense : Magu is a serving police officer. What stops him from holding a public office if he is a serving police officer ?
“ If we say he is not fit to occupy a public office , is he fit to carry a gun as a Deputy Commissioner of Police ? If somebody is fit to be a Deputy Commissioner of Police , is there any assignment that relates to security that we cannot assign him to ?
“ Had it been he is somebody who was brought from outside , then , we can check his background and disqualify him , based on that . Does the DSS even have the right to say he is not qualified to occupy a public office ? Is it not the Police Service Commission because he is a police officer?”
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