(3) The Chairman and members of the Commission other than ex-officio members shall be appointed by the President subject to the confirmation of the Senate.
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.
153. (1) There shall be established for the Federation the following bodies, namely:
(a) Code of Conduct Bureau;
(b) Council of State;
(c) Federal Character Commission;
(d) Federal Civil Service Commission;
(e) Federal Judicial Service Commission;
(f) Independent National Electoral Commission;
(g) National Defence Council;
(h) National Economic Council;
(i) National Judicial Council;
(j) National Population Commission;
(k) National Security Council;
(l) Nigeria Police Council;
(m) Police Service Commission; and
(n) Revenue Mobilisation Allocation and Fiscal Commission.
(2) The composition and powers of each body established by subsection (1) of this section are as contained in Part 1 of the Third Schedule to this Constitution.
154. (1) Except in the case of ex officio members or where other provisions are made in this Constitution, the Chairman and members of any of the bodies so established shall, subject to the provisions of this Constitution, be appointed by the President and the appointment shall be subject to confirmation by the Senate.
(2) In exercising his powers to appoint a person as Chairman or member of the Council of State or the National Defence Council or the National Security Council, the President shall not be required to obtain the confirmation of the Senate.
(3) In exercising his powers to appoint a person as Chairman or member of the Independent National Electoral Commission, National Judicial Council, the Federal Judicial Service Commission or the National Population Commission, the President shall consult the Council of State.
231. (1) The appointment of a person to the office of Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council subject to confirmation of such appointment by the Senate.
(2) The appointment of a person to the office of a Justice of the Supreme Court shall be made by the President on the National Judicial Council subject to confirmation of such appointment by the senate.
7. (1) The Federal Character Commission shall comprise the following members:
(a) a Chairman; and
(b) one person to represent each of the states of the Federation and the Federal Capital Territory, Abuja.
(2) The Chairman and members shall be appointed by the President, subject to confirmation by the Senate.
Senate Lacks Constitutional Power to Reject Magu, says Falana
Lagos-based human rights lawyer, Femi Falana has again criticized members of the national assembly for exercising power beyond their constitutional limit.
He also described the senate headed by Senator Bukola Saraki of Kwara Central as morally bankrupt to screen the leadership of anti-graft agency such as Economic and Financial Crime Commission, EFCC.
Falana spoke to Channel TV during the week against the backdrop of the Nigerian Senate's rejection of the acting chairman of EFCC, Ibrahim Magu.
He described the rejection of Magu and subsequent calling for his replacement as "impunity".
According to him, section 171 of the constitution has vested exclusive power in the president to appoint any person to hold certain office or act in that capacity.
For example, the constitution allows the president to appoint secretary to the government of the federation, permanent secretaries, heads of service, and heads of extra ministerial department such as EFCC without the confirmation of the Senate.
The exception is ambassadorial position or headship of foreign mission, he said.
Falana said the presidency was ill advised for sending name of the EFCC's boss to the Senate for confirmation in the first place because there is no constitutional provision that compels such action.
He said the section 2(3) of the EFCC act that the executive tries to fulfill is superseded by section 171 of the constitution.
He advised the lawmakers to seek the amendment of the constitution if they must remove such constitutional power of the president because as the law currently stands "refusing to confirm the nomination of a public officer does not annul the acting capacity of such an officer."
He also said that senators who are standing trial or being investigated by EFCC should not have been part of the screening exercise conducted for Magu because of their conflict of interests.
"This senate will not have approved the nomination of Magu because not less than 15 members are either standing trial or they are under investigation for corrupt practice.
The fact that you are standing a trial or under investigation means you cannot sit."
Falana said the senate headed by Saraki could not have confirmed Magu.
"The senate President, Dr. Bukola Sataki ensured that Mallam Nuhu Ribadu was removed when he was to be charged over the collapse of Societe Generale Bank. Lamode was removed when he invited the wife of the Senate President, Dr. Bukola Saraki. Magu could not have been confirmed because EFCC is investigating the allegation that $3.5 billion from Paris-London loan refund has been traced to his account. How could the house headed by such a man confirm Magu," he asked.
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