Presidency Set To Hit Supreme Court Over Magu Confirmation

Presidency Set To Hit Supreme Court Over Magu Confirmation

There are clear indications that the Presidency is set to approach the Supreme Court to seek legal interpretation of the 1999 Constitution so as to end the executive-legislative impasse.

It will be recalled that the two arms of government have been at logger head over powers on certain Federal Appointments.

The disagreement came to being after the lawmakers rejected Ibrahim Mustapha Magu as the substantive head of the Economic and Financial Crimes Commission.

It was gathered that the Presidency is set to seek legal interpretation on the matter based on a legal advisory prepared by judicial and legal experts constituted by the State House Legal Department as a working document in respect of the differences in the constitutional interpretations on matters of some appointments such as the Chairman of the EFCC after the Senate failed to confirm the nomination.

Following the stand of the Presidency not to change the nomination from Magu, the Senate had resolved to suspend all issues relating to the confirmation of nominees submitted by the Executive over what it described as attembpt to whittle its legislative powers.

A top official of the Presidency revealed that the executive was certain that some appointments should not require the confirmation of the Senate based on some recommendations in the Nigerian Constitution.

He said, “Here is the point, the Presidency believes that Section 171 is clear that certain appointments do not require Senate consent, but the presidency is not already behaving as if it’s interpretation of the law has become a policy.

“The presidency is persuaded that its interpretation is the correct one, but we are conscious and aware of the fact that only a proper judicial ruling on the matter would make it a settled policy that sits right with the rule of law. That is why we have not stopped sending all manners of nominations to the Senate, most of which the Senate has actually confirmed, even well after the Acting President spoke.

In fact the conclusion of the legal advisory on the matter is very clear that a judicial pronouncement preferably by the Supreme Court is what will settle the matter” he enthused.

editor
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