Okechuckwu, are you saying that the Department of State Services is not an agency under the presidency? Ministers appointed by the President are also working for the whole country but are they not subordinate and responsible to the President in their official actions? What is at play now is that the authority of the President has been challenged by the DSS under him when it forwarded a report on his nominee to the Senate, presumably, without his knowledge. And if the report was sent to the Senate with the President's approval, then the President himself has relinquished his authority and become irresponsible. He should resign immediately. Dear Okechukwu, let us assume that the DSS suddenly come across information rendering Magu unsuitable to be substantive Chairman of EFCC, the right thing to do is to forward such report to the President who has the authority to withdraw his letter to the Senate nominating Magu as substantive EFCC Chairman. If the DSS has gone behind the President to file a report against his nominee in the Senate, then the President is inferior to the DSS who has usurped the right to appoint and nominate officials.
As for the DSS's raids in the residence of some Judges, DSS did not act unilaterally or arbitral. They acted under the directive of the Attorney General of the Federation and Minister of Justice which was sanctioned by the President. On the contrary, you cannot say the President sanctioned DSS supposed security report on Magu to the Senate. That is the big difference. May I add that the mere fact that Magu is still the Acting Chairman of the EFCC as I write this, and despite the so-called adverse security report on him, is an indication that Nigeria has no President at moment. A real and active President should, immediately, have fired either Magu or the responsible forwarder of DSS report to the Senate on Magu. Buhari should assert his Presidential power which his wife, Aisha, asserted a while ago had been hijacked by a cabal.
S.Kadiri
Skickat: den 19 december 2016 14:20
Till: usaafricadialogue@googlegroups.com
Ämne: Re: SV: SV: SV: USA Africa Dialogue Series - PRESS RELEASE Magu's Non-Confirmation: Civil Society Raises Concerns
Salimonu, you are wrong. The SSS works for the country not only for the present and so do routinely provide security reports on candidates for top government positions to those responsible for screening such candidates (with or without copies sent to the presidency depending on the position). Even candidates for vice chancellor positions and traditional rulers are screened by SSS and the report sent to the body responsible for approving the appointment (e.g. university governing council for VC).
By the way, is this not the same SSS (and its leadership) that some praised for raiding and arresting judges only to now turn around to question their judgment, legality, professionalism and loyalty. We can't have it both ways. Either the SSS is doing it's job professionally and legally in both cases or it is not in both cases. After all, we are creatures of habit and patterns.
Let's all strive to be more objective and not always struggle to make available data fit into our predetermined preferred outcome/interpretation. I am a Buhari supporter, but do not hesitate to point out where/when things go wrong. Can you do the same? Now, if as you suggest, the SSS has done the wrong thing here (including as you imply, bypassing the president unconstitutionally, then the president should act by firing all those responsible for this wrong and let Nigerians know he has done so and why). Otherwise, it is either that there is nothing wrong with what the SSS did or the president is not willing or able to address problems with his own appointees and departments - -something he has been accused of over and over (And we keep blaming the judiciary for problems in the executive arm of government rather than ask the leader to fix Hus own house).
Notably, there is also the possibility that the SSS may actually have done what they did with the secrete support and approved of the presidency. Notice how the fortunes of politicians change from good to bad or the either way as they fight or make up with the presidency (e.g. Saraki, Orji Uzo Kalu, Jim Nwobodo, to name a few). For in a country like Nigeria where the president is all powerful and can even detain anyone indefinitely even against court orders, the three most logical explanation for what the SSS do/did are: (1) It is the right thing to do, so the they did it professionally without fear or favor not minding the interest of the presidency, (2) It is the wrong thing to do, but they had to do it based on instruction and support from the presidency, (3) It is the wrong thing but done due to incompetence rather than bad intent or influence.
If number 1 is the case, there is nothing to worry about and SSS should in fact be supported and encouraged to do more. If 2 is the case their should be public outcry against both the presidency and SSS. And if 3 is the case, the president should fire and replace SSS leadership for a change.
The government is filled with a lot of corrupt and ineffective officials. And as long as they are allowed to remain in their position regardless of how bad they are, then their is no hope that any if they things you routinely complain about (such as poor infrastructure, electricity, fuel scarcity, and the grand daddy of them all corruption) will ever change for better. So it is not enough to mouth fight against corruption. Such fight should be comprehensive and include finding and removing corrupt and ineffective officials working with and for the president. Again, we do not need a clean judiciary to do this. We only need an honest, sincere, capable, smart, effective and fearless leader. And that is the kind of leader I expected Buhari to be. So far he us yet to fully meet my expectation. And time us fast running out. So let's be honest with him and stop making excuses for him while blaming everyone else. Be well.
OU
--The SSS is an agency under the presidency and their Director General is an appointee of the President. Thus, a security report of Department of State Security on any other appointee of the President should constitutionally be submitted to the President and not to the Senate. The constitutional right of the Senate is to screen, reject or approve any presidential nominee sent to it. The DSSS cannot by-pass the President to submit a security report on any nominee of the president to the Senate. That is the normal procedure in all democratic societies where the rule of law reigns. There is no "probable constitution" that permits the Senate to by-pass the President to demand security report on any of his nominee recommended to the Senate for confirmation. The Senate is free to screen, reject or approve a presidential nominee without hiding under frivolous security report.
By the way, which allegations against Magu do you want to find out if they are true or not? Has the Senate told Nigerians about any allegations against Magu, except that he is a security risk? Kasim Alli, the President of the Senate, Bukola Saraki, is currently undergoing trial in the court for false declaration of assets but he considers himself qualified to continue to preside over the Senate until he has been pronounced guilty by the court. But Magu has never been arraigned or prosecuted in any court of law in Nigeria, yet you think illogically that he should be denied the substantive position of Chairman of EFCC. Can you please put yourself in the position of Magu in order to know how it feels to be unjustly persecuted?
S.Kadiri
Från: 'Kasim Alli' via USA Africa Dialogue Series <usaafricadialogue@googlegroups.com >
Skickat: den 18 december 2016 17:30
Till: usaafricadialogue@googlegroups.com
Ämne: Re: SV: SV: USA Africa Dialogue Series - PRESS RELEASE Magu's Non-Confirmation: Civil Society Raises ConcernsSince the constitution gives the senate the powers to confirm or reject this and nominations of a certain group of of officials, the constitution probably allows the senate to ask for any report from all arms of government on these officers without seeking permission from the executive. So it is now the prerogative of the senate to confirm or reject such nominations based on the information available to it. I don't see anything unconstitutional in what the senate is reported to have done here. Of course as commentators, we are also free to say what we think about the actions of all parties. I still think it is more important to find out if the allegations in this car are true and if so, are they crimes that justify the actions of the senate or the executive.
Sent from my iPad----It is very important to follow the constitution and obey the rules of law. The senate is not a court of law and it has no power to pronounce if any allegations against any individual are true or false. The President, and not the DSS, had recommended the acting Chairman of EFCC to the Senate for substantive confirmation. If the DSS by any chance belatedly discovered that Magu, a high ranking police officer, is a security risk and therefore, is unsuitable to be substantive Chairman of EFCC, that DSS security report should constitutionally be forwarded to President Buhari whose duty it is to determine the seriousness of the report and to decide on retention or withdrawal of his letter to the senate recommending Magu for confirmation.
Kasim: Who has checked that the allegations of DSS against Magu are true? If the allegation of security risk against Magu is true and thereby render him unsuitable to be confirmed as substantive Chairman of EFCC, what qualifies him to remain, up till the moment I am writing this, as acting chairman of EFCC? Is it sensible to allow a person to function in acting capacity in an office for which he/she is declared unfit to hold substantively? Your answers to the above questions will highly be educative for me.
S.Kadiri
Från: 'Kasim Alli' via USA Africa Dialogue Series <usaafricadialogue@googlegroups.com >
Skickat: den 18 december 2016 02:17
Till: usaafricadialogue@googlegroups.com
Ämne: Re: SV: USA Africa Dialogue Series - PRESS RELEASE Magu's Non-Confirmation: Civil Society Raises ConcernsMisplaced questions? Of course I don't think so. What is more important? Checking if the allegations are true or questioning why the report was not sent to or through the president?
Sent from my iPad----Kasim Alli, your questions are misplaced. The Director General of DSS is an appointee of the President and anything pertaining to the security of the Nation must be tabled before the President, who is the Commander-in-Chief of the Nigerian Armed Forces. Before the President recommended Ibrahim Magu to the Senate for screening and confirmation as Chairman of EFCC, he must have received security report about his suitability for the office in which he has been functioning in acting capacity for more than a year. Beside that, Ibrahim Magu is a police officer of a rank not less than Assistant Superintendent of Police. In fact, questions that should be asked are: What kind of security risk would Ibrahim Magu constitute as the substantive Chairman of EFCC but does not as Acting Chairman?; Why did it take five months after the Senate President, Bukola Saraki, had read to the Senate, the letter from the Presidency recommending Magu for confirmation as Chairman of EFCC before the Senate could decide not to screen him because of a purported security report on Magu?; If there was any security report procured after the President had forwarded the letter recommending Magu for confirmation as EFCC Chairman, why was the report not sent to the President whose duty it is to withdraw his letter of recommendation on the subject matter from the Senate?; Any appointee of the President can be rejected on screening, but can the Senate, constitutionally, refuse to screen an appointee of the President for whatever reason?; And is DSS directly subordinate and answerable to President Buhari or the national assembly?
If we accept the Senate's explanation that Ibrahim Magu is a security risk and therefore unsuitable to be Chairman of EFCC, that should automatically lead to his termination and dismissal from the Police Force with immediate effect. Since that is not happening, it means there are mischievous reasons behind proclaiming Magu a security risk in order to deny him the chance of becoming the Chairman of EFCC.
S.Kadiri
Från: 'Kasim Alli' via USA Africa Dialogue Series <usaafricadialogue@googlegroups.com >
Skickat: den 17 december 2016 14:54
Till: usaafricadialogue@googlegroups.com
Ämne: Re: USA Africa Dialogue Series - PRESS RELEASE Magu's Non-Confirmation: Civil Society Raises ConcernsAnd why not? Should the president's appointees be above investigation and be treated differently from others?
Sent from my iPad--But why should the DSS go round to submit a report on an appointee of the President without first letting the President see the said report? Is the DG SS not an appointee of the President? Is he supposed to work across theinterest of the President? Is it true that the said report emanating from the DSS not a result of a fallout from the alleged case of corruption leveled against the DG and in spite the pressure to drop the charges Mr Magu refused? Why should the President even allow such a long time to send for Magu's confirmation after ha had wounded the corrupt elements in the NASS and those working closely with Mr President?
--
On Fri, Dec 16, 2016 at 4:52 PM, Auwal Musa <rafsanjanikano@gmail.com> wrote:
--
PRESS RELEASE
Magu's Non-Confirmation: Civil Society Raises Concerns
The Civil Society Legislative Advocacy Centre (CISLAC), Transparency International-Nigeria (TI) and Zero-corruption Coalition (ZCC) expresses concern at the circumstances surrounding the non-conformation by the Nigerian Senate of Ibrahim Magu as the Chairman of Economic and Financial Crime Commission (EFCC), upon his appointment by the President.
We find it worrisome that the confirmation of the head of such a strategic anti-corruption agency is taking so such a long time, having been first appointed in November 2015, and worse still at a time when the nation is reinvigorating the fight against corruption. CISLAC, TI- Nigeria and ZCC wonders if there is more to the unfolding events than meets the eyes.
We are further alarmed at the circumstances preceding the last session in which the Upper Chamber failed to confirm the appointee. The fact that the session was preceded by a rowdy sitting and the Senators resorted to a closed-door session further highlights the lack of transparency in the confirmation process.
We find the Senate's reliance of a Security Report from the Department of State Services (DSS) as a reason for the rejection of the President's appointee very curious. While we acknowledge that the Senators have the power of confirmation, as well as, the right of recourse to relevant institutions for vetting, this must be applied strictly for public good and in very transparent and accountable manner.
CISLAC, TI and ZCC therefore calls on the Senate to make public the security report it depended upon to reject the confirmation. Merely reading it out in a closed session and applying it to arrive at such far reaching decisions fall short of the expectations of the electorates that they represent in the exercise of their powers.
We call on the DSS to publicly confirm that they are the source of the report in question and authenticate the content for the Nigerian Public to know. Considering that the DSS is also an agency in the executive arm, it should indicate if the report was also shared with the President who appoints the EFCC chairman. This is to ensure that it is discharging its functions as expected by law and procedure.
We call on the Presidency to publicly state its position on the unfolding issues so that Nigerians can have a clear picture and draw their own conclusions as public support is crucial to a successful fight against corruption.
The position of the EFCC chair is a very sensitive one and its occupant must be held to the highest levels of integrity and credibility. A situation where individuals and groups hide under clandestine and unverified documents and reports to take decisions that could undermine the integrity of individuals and institutions at the forefront of the anti-corruption efforts will be a disservice to the nation and must not be allowed to stand.
We notify the Senate that their inability to come clean on these would only fuel the perception that their failure to confirm the appointment of the EFCC chairman who has acted for one year is linked to their personal and selfish desire to protect themselves and scuttle the fight against corruption of which several of their members have been beneficiaries.
We urge all well-meaning Nigerians and the media to kick against all manners of unjust decision or resolution by the Nigerian Senate to sabotage the on-going anti-corruption fight in the country.
Signed:
Auwal Ibrahim Musa (Rafsanjani)
Executive Director of CISLAC
Auwal Ibrahim Musa (Rafsanjani)
Executive Director
Civil Society Legislative Advocacy Centre (CISLAC)
Acting General Secretary West Africa Civil Society Forum (WACSOF)
Head of Transparency International (Nigeria)
Amnesty International (Nigeria)Board Chairman
No. 16, House 3, P.O.W. Mafemi Crescent, Off Solomon Lar way,
Behind Chida Hotel near Daily Trust News Paper,
Utako District, Abuja-Nigeria.
Website: www.cislacnigeria.net
Email: rafsanjani@cislacnigeri
a.net , rafsanjanikano@gmail.com ,rafsanjanikano@aol.com, cislac
@cislacnigeria.net ,GSM: +234-8033844646, +234-8052370333
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