Tribune OnlineTribune OnlineTribune Online
  • Home
  • News
  • Columns
  • Editorial
  • VIDEOS
  • Entertainment
  • Politics
  • Health
  • Opinions
  • SPORTING TRIBUNE
Reading: The Presidency and this Magu conundrum
Share
Notification Show More
Font ResizerAa
Tribune OnlineTribune Online
Font ResizerAa
  • Home
  • News
  • Columns
  • Editorial
  • VIDEOS
  • Entertainment
  • Politics
  • Health
  • Opinions
  • SPORTING TRIBUNE
  • About Us
  • Contact us
  • Disclaimer
  • Privacy Policy
  • Advertise
Have an existing account? Sign In
Follow US
© 2026 African Newspapers of Nigeria Plc. All Rights Reserved. | Disclaimer | Privacy Policy | Editorial Policy | Corrections Policy | Terms & Conditions
Home » The Presidency and this Magu conundrum
Lynx Eye

The Presidency and this Magu conundrum

TribuneWeb
April 16, 2017
Share
Add as a preferred source

LAST week, news reports quoted Vice President Yemi Osinbajo as restating the confidence the Presidency reposed in the acting chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu.

The news report also quoted some lawyers as emphasising Section 171 of the 1999 Constitution in relation to Magu’s rejection by the Senate.

Some lawyers have insisted that going by the provisions of that Section, the president might have made a mistake by sending Magu’s name to Senate for confirmation in the first instance.

But Osinbajo, a legal luminary, failed to go into such controversy when he spoke on Magu.

He said: “We should commend the president for not interfering with what the DSS said. The DSS came up with a report and the man who was accused refuted it.

“He explains and gives a reason. When that happened, the president looked at what Magu said and what the DSS wrote and he said ‘I am satisfied with what Magu said.”

“He then decided to retain Magu as the nominee for EFCC. I don’t see any reason why that should be contested.

“The president has not interfered with what the DSS said. If he wanted to interfere, he would have ordered the DSS to keep quiet. He didn’t do that, but he said ‘I don’t think the DSS report is meritorious enough to withdraw his nomination.’

“The president reserves the right to say, ‘this is who I want’. I’m fully in support of Magu as the EFCC chairman just as the president is.”

Good enough, the Vice President, simply dwelt on the powers of the president to show preferences in his appointees while restating the confidence in Magu.

Lawyers who highlight the essence of Section 171 of the 1999 Constitution would however want the president to simply bypass the Senate and appoint Magu in substantive capacity.

For the avoidance of doubts it is necessary to reproduce the Section below. The Section reads: 171. (1) “ Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the President.

(2) The offices to which this section applies are, namely –

(a) Secretary to the Government of the Federation;

(b) Head of the Civil Service of the Federation;

(c) Ambassador, High Commissioner or other Principal Representative of\ Nigeria abroad;

(d) Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of the Government of the Federation howsoever designated; and

(e) any office on the personal staff of the President.

(3) An appointment to the office of the Head of the Civil Service of the Federation shall not be made except from among Permanent Secretaries or equivalent rank in the civil service of the Federation or of a State.

(4) An appointment to the office of Ambassador, High Commissioner or other Principal Representative of Nigeria abroad shall not have effect unless the appointment is confirmed by the Senate.

(5) In exercising his powers of appointment under this section, the President shall have regard to the federal character of Nigeria and the need to promote national unity.

(6) Any appointment made pursuant to paragraphs (a) and (e) of subsection (2) of this section shall be at the pleasure of the President and shall cease when the President ceases to hold office;

“Provided that where a person has been appointed from a public service of the Federation or a State, he shall be entitled to return to the public service of the Federation or of the State when the President ceases to hold office.”

Notwithstanding the vigour being exerted by lawyers who are proponents of the view that the Senate does not need to confirm Magu, I will counsel that the government treads this part with a cautious eye on the rule of law. A government of change should not be seen as one executing and interpreting the law at the same time.

In fact the whole essence of Section 171(6) tends to defeat the argument that the Senate cannot clear Magu owing to the fact that his appointment is tenured  in accordance with the EFCC Act. His tenure does not expire at the end of a President’s tenure.

If we go by the argument of the lawyers, it would mean that the entire EFCC Act is null and void. Even at that, the executive should still allow the Judiciary do that beat of declaring the Act invalid.

I guess that because of the love for Magu, some lawyers are only looking for short cuts. But why should anyone run away from the Senate. There is no law that stops the President from presenting a nominee for as long as he wants. The Senate as well has the right to confirm or reject the nominee.

I believe that in the instant case, the issues are well spelt out. The Senate has given reasons why Magu was not cleared. They don’t need to do so. But having given a clue of the answer to a student seeking to re-sit an exam, the job has been simplified.

Rather than bypass the Senate, I believe the executive can help strengthen the democratic process by either playing the politics required to get Magu confirmed or seek the nullification of the EFCC

Act and then announce the EFCC Chairman as a personal staff of the President in line with Section 171(6) of the 1999 Constitution.

 

 


WATCH TOP VIDEOS FROM NIGERIAN TRIBUNE TV

  • Back to School, Back to Business A Fresh Start

  • Relationship Hangout: Public vs Private Proposals – Which Truly Wins in Love?

  • “No” Is a Complete Sentence: Why You Should Stop Feeling Guilty

  • Relationship Hangout: Friendship Talk 2025 – How to Be a Good Friend & Big Questions on Friendship

  • Police Overpower Armed Robbers in Ibadan After Fierce Struggle


    Get real-time news updates from Tribune Online! Follow us on WhatsApp for breaking news, exclusive stories and interviews, and much more.
    Join our WhatsApp Channel now


Previous Article Dislodged Boko Haram terrorists now pose as herdsmen —Ojo
Next Article We have lost intelligent men and women to the church —Bishop Durojaye

Most Read

  • JAMB resolves 50,370 complaints in three months, begins preparations for 2027 UTME
    JAMB resolves 50,370 complaints in three months, begins preparations for 2027 UTME
  • Welcome to your new home, FUTA VC tells fresh students
    Welcome to your new home, FUTA VC tells fresh students
  • 2027 UTME: JAMB lists six things candidates must do before registration
    2027 UTME: JAMB lists six things candidates must do before registration
  • How I sexually assaulted, filmed woman naked over N600,000 debt — Suspect
    How I sexually assaulted, filmed woman naked over N600,000 debt — Suspect
  • BOUESTI presents 36 academic programmes to NUC for accreditation
    BOUESTI presents 36 academic programmes to NUC for accreditation
  • 15-year-old FCT student wins 2026 UBA national essay competition
    15-year-old FCT student wins 2026 UBA national essay competition
  • Ex-LASU VC, Prof Olatunji-Bello, named Redeemer’s varsity Pro-Chancellor
    Ex-LASU VC, Prof Olatunji-Bello, named Redeemer’s varsity Pro-Chancellor
  • ‘Uzodimma has corrected injustice against Northern community in Imo’
    ‘Uzodimma has corrected injustice against Northern community in Imo’
  • Tinubu to Nigerians: We’ll provide reliable electricity if re-elected
    Tinubu to Nigerians: We’ll provide reliable electricity if re-elected
  • Opay to customers: How to check eligibility for FG’s N50,000 cash support
    Opay to customers: How to check eligibility for FG’s N50,000 cash support

Frontpage Today

Subscribe to e-Paper

E-Vending, e paper, pdf, e-paper, Tribune
QUICK LINKS

About Us
Advertise with Us
Contact Us
Privacy Policy
Disclaimer
Editorial Policy
Corrections Policy
Terms & Conditions
COLUMNS

Aplomb
Ask The Doctor
Autoclinic With The Mechanic
Awo's Thought
Empowered For Life
Festus Adebayo's Flickers
Gibbers
Intimacy
Language & Style
Leadership & Management
Lynx Eye
Monday Lines
Mum & Child
Natural Health
Notes from Atlanta with Farooq Kperogi
On The Lord's Day
Your Life Counts

ENTERTAINMENT

Entertainment

RELIGION

Tribune Church
Church News
Muslim Sermon
Eye of Islam
Islamic News

EDITORIAL

Editorial
Opinion
Letters
News Extra

BUSINESS

Capital Market
Money Market

REGIONS

Niger Delta
Arewa
MORE

Sexuality & Health
Special Report
Sports
Tourism
Travelpulse & MICE
Weekend Lagos
Book Review
Education
Event Digest
Crime & Court
Ecoscope
Energy
Maritime
Aviation
Brands & Marketing
Agriculture
Info Tech
Labour
Leadership & Management
Arts & Culture
Arts & Reviews
Politics
Health News
© 2026 African Newspapers of Nigeria Plc. All Rights Reserved. | Disclaimer | Privacy Policy | Editorial Policy | Corrections Policy | Terms & Conditions

Add Tribune Online to your Homescreen!

Add
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?