The endorsement by Acting President Yemi Osinbajo of the continuous stay of Ibrahim Magu as EFCC chairman was not a collective decision, Minister of Justice, Abubakar Malami, said on Wednesday.

Addressing journalists after a meeting of Federal Executive Council, FEC, on Wednesday, Malami said the Federal Executive Council never discussed the continued stay and possible re-nomination of Ibrahim Magu as chairman of the anti-graft agency.

The Senate had twice rejected Mr. Magu’s nomination as EFCC chairman, basing their decisions on a report compiled by the State Security Service, SSS, accusing Mr. Magu of impropriety.

Earlier on Tuesday, the upper legislative chamber criticised Osinbajo for allegedly questioning their constitutional authority to confirm the nomination of appointees by the executive arm.

Senators also expressed concern about the refusal of the Executive to drop Magu as the acting chairman of the EFCC.

Osinbajo had in April said Magu enjoyed his confidence, and that of President Muhammadu Buhari.

“I’m fully in support of Magu as the EFCC Chairman just as the president is…” Osinbajo said.

Speaking on the Senate rejection, Osinbajo said “it is up to the Senate to make their judgement. If our candidate is rejected, …, we can represent our candidate.”

When asked for comments by State House correspondents after the FEC meeting on Wednesday, Malami said Osinbajo’s stance was a personal decision never discussed at FEC.

“The fundamental consideration about the alleged statement is that at no point ever did the Federal Executive Council sit down to arrive at the decision in one-way or the other as far as the issue of nomination or otherwise is concerned.

“So, I do not think it constitutes an issue for the Federal Executive Council to make any clarification about because it has never been considered by the FEC,” he said.

Malami, Nigeria’s chief law officer, has been in the eye of the storm over his role in and dedication to the anti-corruption fight of the Buhari administration. 

Last month, an anti-corruption adviser to President Buhari accused Malami of not being committed to the anti-corruption war, a major promise of the president during campaign. 

Malami, who is believed to be opposed to Magu as EFCC chairman, denied the allegation.

The Acting President’s office is yet to react to Malami’s claim. 

BUHARI’S SPOKESPERSON REACTS

Speaking on the stance of the AGF and the Acting President, President Buhari’s spokesperson, Garba Shehu said, “Our understanding is that some remarks made by the Acting President some months ago when he was the Vice President, because the President was around at that time, an opinion he gave is being misconstrued.

“A senior lawyer in the country offered an opinion, in which he said some categories of public officers traditionally cleared by National Assembly need not to go through that process, that those ones can be appointed by the Presidential fiat; they don’t have to go through screening. 

"But several months ago, in his position as Vice President, Professor Osinbajo gave a personal opinion saying what this lawyer said makes sense,” Shehu explained, making reference to Osinbajo’s support of the stance of human rights lawyer, Femi Falana, on the matter.

“I fully agree with (Femi) Falana that there was no need in the first place to have presented Magu for confirmation,” Osinbajo had said, making reference to Section 171 of the constitution.

Shehu confirmed that the government and indeed the FEC had not taken any decision on the issue.

“There is no official position by the government of Nigeria, and the Federal Executive Council never sat down to take a decision to say that some categories of officials will not be sent to the National Assembly any longer or that the authority of the Senate under the constitution to screen and pass nominees has never been questioned by the government or the Federal Executive Council,” he said.

According to the presidential spokesperson, in compliance with the provisions of the law, the executive arm has been sending the names of its nominees to the National Assembly for screening and it will continue to do so.

“From the time the Vice President gave that opinion to now, more than 20 nominations have been forwarded to the Senate and quite a number of them have been screened, sworn-in and are now occupying positions. So, therefore, this is not a big issue as some people want to make it,” he said.

The presidential aide said all parties involved in the matter would soon meet to resolve it.

“The party, government and the National Assembly will sit on a round table and this matter will be discussed and resolved. I assure you,” he said.

PT