Of Senate, DSS’ report and Magu’s non-confirmation

THE non-confirmation of the nomination of Mr Ibrahim Magu as Chairman of the Economic and Financial Crimes Commission (EFCC) by the Senate has created some hysteria in the polity.  This is the first time that such a fate would befall anyone primed for that sensitive position.  Those who had served in that office before him, from Nuhu Ribadu, through Farida Waziri to Ibrahim Lamorde, did not have issues with their screening and confirmation by the Upper Legislative Chamber of the National Assembly.

The decision by the Nigerian Senate is, therefore, to me, tantamount to a vote of no confidence in the anti-corruption czar.  The no-confidence vote is, rooted in a security report authored by the Department of State Services (DSS), which raked up a number of allegations of corruption around and against Magu.  As it is, the security report is more than mere allegations.  It is a serious indictment.  This is what makes the issue very critical.  It is horribly shocking for someone, who is saddled with fighting corruption, to have condoned and embraced it in the forms and shapes indicated in the security report widely circulated in the media.

Thus, it was not difficult for the Senate, on the basis of the report, to return the “no screening, no confirmation” verdict.  The verdict by the Senate represents essentially Magu’s burden.  It may well be his denouement if the probe instituted by the Presidency into his indictment by the DSS does not absolve him eventually.  The Attorney-General of the Federation (AGF) and Minister of Justice has the difficult task of looking into Magu’s indictment.  What this means is that the outcome of DSS’ profiling of Magu is being subjected to a second opinion.  This is understandable, given the implications of Magu’s indictment for his survival in office as well as for his police career.

It will be interesting to see how the office of the AGF will handle this intricate issue.It is intricate because, even though Magu is being probed as an individual, the institution of the EFCC which he has presided over in acting capacity during which time he allegedly committed the infractions in the DSS report, would suffer credibility deficit, should Magu fail this second chance at critical integrity test.

The Senate, which screened and confirmed the other four nominated members of the EFCC leadership, said that Magu was denied that opportunity because he failed the integrity test conducted by the DSS.  The test is very important.  It comes in the form of security checks on public office holders on the basis of which reports are written on such prospective and/or incumbent public office holders.  Every legislator, for instance, is profiled by the DSS.  It is thus not out of place for the Senators to take DSS report about nominees before them very seriously, particularly as it is coming from a credible office.

Therefore, I am not in bed with those who are of the view that the Senate probably has an axe to grind with Magu and which was why it rejected his nomination.  This is not the issue.  The issue is very clear.  The Senate only acted on the DSS report. Interestingly, this is the first time the confirmation of the EFCC Chairman would be caught in the intriguing webs of unfavourable security report.

The Senate, which has the power to confirm or reject presidential nominees, had done its bit in the circumstances in which it had found itself.  The pressure being piled on the Senate by pro-Magu elements that he must be confirmed is misplaced.  It is irresponsible to take such position; and personalities like the Chairman of the Presidential Action Committee Against Corruption (PACAC), Professor Itse Sagay (SAN), should be well advised that his person and office get demeaned when he vigorously gives verbal vent to such a position. His outburst on the issue is selfish.

There are many Nigerians who are probably misguiding Magu and giving him a false sense of invincibility and infallibility.   Sagay is certainly one of them.  If he knows he cannot focus any longer on the terms of reference of his Committee rather than sticking out his neck in defence of Magu, he had better resign so he can take up Magu’s brief in the event he is found culpable, relieved of his job and charged to court for sundry acts of corruption.

Prof. Sagay could, as well, look for another job for him. Getting Magu another job presupposes that returning to the Nigeria Police Force, where he is an Assistant Commissioner of Police (ACP), may not be advisable, given the bitterness that will dwell in him on account of his disgraceful endat the EFCC.  The Police Service Commission should naturally be expected to recommend him for compulsory retirement because there is no way he can be neutral in the performance of his police functions thereafter.  He may use his office as a police officer to settle scores with those he perceives to have blocked his chances of being confirmed as EFCC Chairman.

These are the scenarios that the non-confirmation of Magu by the Senate on account of the DSS report has thrown up.  And, it will be quite interesting how the entire saga plays out in the days and weeks ahead.  In the meantime, the Buhari Government is on trial.  It is bearing a moral burden that has put it under intense pressure.  This is the big moment for it to mount the big stage and make a statement to the world that its fight against corruption is not a joke.  It can make that statement by wielding the big hammer as quickly as possible, if Magu and other officials are found to have compromised their positions, no matter how minimally.  Buhari should not make the mistake that the former President, Dr. Goodluck Ebele Jonathan made while in the saddle of leadership by unreservedly protecting top functionaries of his Government whose official activities were questionable.

• Abubakar can be reached via [email protected]