It would appear as if you have an axe to grind with me because I wrote, "The Senate is free to screen, reject or approve a presidential nominee without hiding under frivolous security report." Yet, you assigned to yourself the right to issue the following papal decree, "Even for a 'perfect' candidate, the senate is not mandated to concur, and can reject nominations on excuses as flimsy as anything, not to talk about an official security report by a state agency."
Comparing my magisterial postulation with your papal decree, we find that the only difference between you and me is that while I consider the security report frivolous, you hold it in high esteem. Otherwise, we both agree that the Senate is free to screen, reject or approve a presidential nominee.
Ibrahim Magu was appointed acting Chairman of EFCC on November 9, 2015 and was recommended to the Senate for confirmation as the substantive Chairman in June 2016. On July 14, 2016, the President of the Senate, Bukola Saraki, read the presidency's letter to the Senate, and thereafter silence. Six months after the letter from the President to the Senate recommending Magu for confirmation as the substantive Chairman of the EFCC was read in the Senate, the Senate rejected Magu's candidature, based on so-called security report, without screening him. Natural justice, at least for those who use their head to think and do not use it only as hat-shelf, demands that Magu should be screened on the contents of the report and be allowed to defend himself. Thus, the Senate is guilty of abuse of their screening power. The so-called security report, to me, is frivolous since it was only against substantive and not acting position of Magu. It is wrong to insinuate that it is unlikely that the SSS would write a report against Buhari's nominee without sending him a copy. Unless the SSS is out to ridicule and make nuisance of Buhari as the President, report against any of his nominee by the agency should be tabled first before him for action and not just sending him a copy.
You wrote, "In fact, it would be irresponsible (of the Senate) to clear a nominee with an official security report against him." Well, Bukola Saraki is undergoing court trial for false declaration of Assets but that does not prevent him, not only from being a Senator but a Senate President. Moreover, not less than thirty Senators have pending criminal cases of treasury lootings in courts. Nigerian law makers are law breakers and it must be of interest to them to have a collaborator as the Chairman of EFCC.
S.Kadiri
Skickat: den 19 december 2016 06:07
Till: usaafricadialogue
Ämne: Re: SV: SV: USA Africa Dialogue Series - PRESS RELEASE Magu's Non-Confirmation: Civil Society Raises Concerns
The Senate is free to screen, reject or approve a presidential nominee without hiding under frivolous security report.
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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