Senate dares Osinbajo over Magu, confirmation of nominees; says he must obey the statutes of the law

The Senate on Tuesday vowed to step down all requests for confirmation into executive positions in the Federal Government brought by Acting President Yemi Osinbajo unless laws passed by the legislature are obeyed.

The Senate’s stand followed outrage over the statement by Osinbajo questioning the Senate’s capacity to confirm certain nominees of the executive into federal bodies.

In this regard, the Senators across partisan lines frowned on the continued stay in office of Mr. Ibrahim Magu as chairman of the Economic and Financial Crimes Commission, EFCC, even after his rejection by the Senate on two occasions.

In their resolution, the Senate asked the Acting President to apologize for his challenge to the Senate’s power to confirm persons into certain executive bodies.

Recall that the Acting President last April in an interview said: “It is up to the Senate to make their judgment, and it is up to us to 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.

The resolution followed the reading of a letter from Osinbajo to the Senate requesting it to confirm Lanre Gbajabiamila as the substantive Director-General of the National Lottery Commission (NLC).

Osinbajo’s letter dated June 12, 2017, was entitled, “Request for confirmation of the appointment of Mr. Lanre Gbajabiamila as Director- General, National Lottery Regulatory Commission.”

It reads, “In compliance with the provisions of section 8 (1A) of the National Lottery Act 2005, I write to forward the name of Mr. Lanre Gbajabiamila as the nominee for the position of Director General, National Lottery Regulatory Commission for the consideration and appointment of the Senate.

“If confirmed, Lanre Gbajabiamila will serve for an initial period of four years and may be reappointed for a further term of four years and no more.

“The curriculum vitae of Lanre Gbajabiamila are attached for your perusal. It is, therefore, my hope that the Distinguished Senate of the Federal Republic of Nigeria does consider and confirm the appointment of the nominee in the usual expeditious manner.”

Immediately the letter was read by the President of the Senate, Senator Bukola Saraki, Senator Ahmed Sani, APC, Zamfara West, standing on Order 14 of the Senate Standing Rules, insisted that since the Acting President had already concluded that the Senate lacked the powers to confirm nominees, there was no need to acknowledge any letter from the executive on issues concerning confirmation.

He said the issue must be clarified by the Senate before going ahead with the consideration of further requests from the presidency.

His words, “I want to draw the attention of the Senate to a statement credited to the Acting President, Professor Yemi Osinbajo that the Senate does not have the powers to confirm.

“I was surprised to see the Senate President read a letter from the same Acting President who said the Senate does not have the powers to confirm a nominee from the executive.

“I am raising this point of order to draw the attention of the Senate to this issue and urge that we suspend any further action on confirmation of any nominee until the issue is resolved.”

Senator George Sekibo, PDP, Rivers East while contributing decried the attitude of the presidency over its continued refusal to comply with the resolutions of the Senate noting that it was a clear attempt by the presidency to usurp the powers and roles of the apex legislative body.

While quoting relevant sections of the constitution to buttress his argument, Sekibo said: “What is happening shows to Nigerians that they (executive) are either trying to quiet the National Assembly or trying to take over our responsibilities.

“From the constitution, it is very clear that one of the functions of the Senate is confirmation of appointments by the President.

Senator Matthew Urhoghide, PDP, Edo South advised the executive to approach the Supreme Court if it wanted to contest the powers of the Senate while Senator Samuel Anyanwu, PDP, Imo East, requested the issuance of 48-hour ultimatum to Saraki to do something about the controversial statement by the Acting President.

“We must take a stand. If the leadership does not do anything about this issue within 48 hours, we will move against the leadership. I want to say that anybody who is invited by the EFCC should not go because they are not standing on any law.”

On his part, Senator Dino Melaye, APC, Kogi West said: “It is time for the Senate to tell the Executive Arm of government that they must stop approbating and reprobating. This republic that our fathers fought for should not be allowed to be completely destroyed. Not in our time, God forbid.

“Magu came for a job interview and failed, and he was rejected. As we speak, Magu is still parading himself as the chairman of EFCC. The same executive now writes a letter that we should confirm someone who went to resume office without confirmation, and he was chased out of office. Now that name has been brought before us.

“The integrity of the Senate is at stake. This Senate cannot be disregarded and insulted; our authority to confirm cannot be eroded. I am moving a motion that it becomes abominable to read any other confirmation report in this chamber until they act on our position.

“Those who have failed should go back, Magu is not the last Nigerian Angel. He can serve this country in another capacity.”

Deputy Senate President, Senator Ike Ekweremadu, in his submission said the executive must obey the contents of the Constitution.

“Let me make it clear that this has nothing to do with the Director-General of Lottery Commission or Ibrahim Magu, but about our constitution.

“One of the features of the Senate is the power of confirmation. The framers of the Constitution gave the power to the Senate.

“If the law says that an appointee requires confirmation, we must obey what the law says. The executive must follow the provisions of the constitution.”

Senate President, Bukola Saraki consequently stated that the Senate must show serious action on the matter once and for all and put it behind them.

Saraki said: “This is an issue that we must once and for all address; we cannot pass laws and see that the laws are not being obeyed.

“This resolution must be obeyed by the Acting President otherwise we will take appropriate actions and resolutions.

“It is very clear these resolutions as passed must be acted upon by the Acting President, and ensures that we continue to respect our democracy, our laws, and constitution.

“It is not for us to choose which laws we obey and which laws we don’t obey. That is not the way any civilized, modern society work.

“And we hope that the Acting President will take appropriate action in line with these resolutions.”

END