The Presidency has restated its stance that certain federal appointments should not require the Senate’s confirmation. It said the refusal by the Senate to confirm the appointment of the acting chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, had more to do with politics than with the law.
This is the position of a legal advisory prepared by judicial and legal experts on Section 171 of the 1999 Constitution. The advisory unearthed a ruling of the Supreme Court on the matter where the Chief Justice of the Nigeria (CJN), before his elevation as CJN, had ruled in line with the view of the Presidency on the matter.
The CJN had ruled that the Constitution overrides any provision of an Act /Statute. But the Presidency said it will await the judicial review of Section 171 for the final say on Magu. The advisory also affirmed the powers of the President to appoint in acting capacity into positions such as the EFCC chairmanship.
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