Femi Falana, human rights lawyer, says the upper chamber of the national assembly is yet to take a decision on the confirmation of Ibrahim Magu, acting chairman of the Economic and Financial Crimes Commission (EFCC).
In a statement issued late Thursday, Falana said the decision of the executive session of the senate to reject Magu cannot be binding on the red chamber.
He said the action of the lawmakers who antagonised the anti-graft czar is a proof that forces of corruption have decided to rubbish the anti-graft war of the current administration.
“My attention has been drawn to the refusal of the senate to conduct confirmation hearing in respect of the nomination of Mr. Ibrahim Magu as the chairman of the Economic and Financial Crimes Commission,” he said.
“Since Mr. Magu was not allowed to justify his appointment before the plenary of the senate it is misleading to say that his nomination has been rejected by the senate.
“Section 2 (3) of the EFCC Act 2004 provides that “The chairman and members of the commission other than ex officious members shall be appointed by the president subject to the confirmation of the senate.
“Since it was the executive session of the senate that took the decision not to confirm Mr. Magu the senate has not taken a decision on the matter. In the entire history of the senate, an executive session or committee of the senate has never been allowed to usurp the statutory power of the senate with respect to the confirmation of nominees of the President of the Republic.
“The announcement credited to the Bukola Saraki-led senate is that Mr. Magu’s confirmation could not be considered based on a security report. The purported security report was not presented on the floor of the senate. To that extent the refusal of the executive session of the senate to circulate the report and allow the senate to take a decision is an insult on the integrity of the entire senate.
“Since the said report was prepared by the management of the State Security Service, it is crystal clear that the refusal of the senate to consider the nomination of Mr. Magu is a confirmation that the forces of corruption have decided to rubbish the anti corruption crusade of the Muhammadu Buhari administration. The President owes the nation a duty to flush out all the well known corrupt elements in the government and their cronies without any further delay.”