Connect with us

Graffiti

MAGU’S CONFIRMATION : AN ATTACK ON DEMOCRACY

Published

on

Is Nigeria's economy on the road to recovery?

By Joseph Edgar….

I have decided to look at this issue from another angle and to also look at it beyond the personalities involved. This write up will not look at Magu as the EFCC Chairman or at Buhari/Osibajo as manning Executive Powers and finally at Bukola Saraki as representative of the Legislature but would look at the structure and the way the personalities have been using the powers derived thereof to see to what extent this has helped or otherwise weekend our democracy.

I am not a lawyer and that would mean that I would also be looking at this matter from the Political Scientist angle where I have my basic trainings. You see the doctrine of Separation of Powers between the arms of government was fashioned by the founding fathers of Democracy to, amongst others, serve as checks and balances on each other. The judiciary especially was designed as the last bastion for justice and the rule of law not only for all players but also for the common man.

This matter of the EFCC helmsman’s confirmation or otherwise seems to be stretching the sagacity of this principle. The Presidency has insisted that they do not, according to the constitution, need to pass through the Senate for Magu’sconfirmation, the Senate has argued otherwise insisting that according to the same law, Magu must be confirmed, the matter I hear is in the Supreme Court.

Let us for a second look at the strong possibility that the Supreme court rules in favour of the Presidency, then you can now begin to imagine the gateway to tyranny that would open. Because an irresponsible government could now use the almost unlimited powers bestowed on the Chairman of the EFCC to weaken the National Assembly through all kinds of probes of individual members.

Read also: PDP: A lifeline from the Supreme Court

This becomes almost a reality when you look at the fact that most of the key players in todays senate are former governors who in themselves did not live above board while in power. They have come to the Senate with tremendous influence and experience hence you begin to see a much more powerful Senate standing arms at akimbo with the Presidency and to strengthen its hands, the Presidency having the Efcc helmsman under its total control could use him to weaken that very important arm of the Government. If you now add the fact that there is no immunity conferred on Senators then you have a complete recipe for chaos.

As at today, it has been reported that about 18 Senators are facing different kinds of investigations by the EFCC and some of these Senators are leaders within the Senate. From what we hear some of these cases are an open source since those being investigated really had their hands in the cookie jar. You can now imagine what would happen to this body when we secure the Supreme court consent and Magu is now free to unleash on the House, then we would be having an almighty Presidency with a belittled Senate, a critical arm of Government.

Some people, in looking at this issue, have only zeroed it down to the person of Magu and failed to look at the wider possibilities of this scenario. It is really beyond the person of Magu nor the other principal characters in this matter. It is our democracy, the principles of checks and balances and the strengthening of our institutions that is at stake here.

Magu from what I hear is a brave and very intelligent officer. I hear he is very popular amongst the rank and file of his team and comes highly recommended. The aggression and persistence that he has shown in carrying out his task can only be compared to that of Nuhu Ribadu who led the EFCC during its golden years. But in seeking his confirmation do we risk destroying the pillars that hold our constitution?

I strongly believe that Magu should be confirmed although I do not see this happening with the composition of this present senate. A senate peopled with people who have cases to answer and a Magu who is bent on bringing them to book. A Senate confirmation is akin to giving your enemy bullets to load his erstwhile empty gun. But then again, the Presidency and indeed watchers like me are now put in a dilemma because the main plank of their campaign promises was fight against corruption meaning that with the single minded doggedness of a Magu, the success and otherwise of this administration rests fully on his shoulders.

So with this kind of scenario would the Presidency just seat back and watch the Senate put a stop to its campaign with this confirmation or not and even if Magu was dropped what assurances would the Presidency have that the next person would be confirmed if he is as forthright as Magu is? What we will be seeing would be a non-confirmation of people until the right kind of pliable candidate is found which in itself would lead to the erosion of the war against corruption.

A kind of middle ground would have to be sought because this remains quite quixotic if you ask me. The principles of separation of powers and its embedded checks and balances cannot be weakened in any way. The judiciary must also stand its ground even though we have seen it brutalized with the arrest and attempted prosecution of its key players in a bid to sanitize it. It must remain true to its responsibilities to the constitution which in essence the safe guarding of the rule of law.

My humble suggestion once again, is to open the position of the Chairman of the EFCC to the people. Let it be an election-able position so that whoever emerges the Chairman would owe is authority to the Nigerian people. At that point he would need no senate confirmation or no supreme court interpretation of anything and the judiciary would remain the bastion for the protection of rights should the EFCC become arbitrary.

Today, can the EfCC move against the President if he was found wanting? I really doubt. Can he even move against key members of the Presidency without the consent and approval of the Presidency? Not possible. But an elected official would be independent enough, to detach himself and be non aligned. He would be controlled the same way other elected officials are controlled and could be impeached if he is failing in his duties.
This is my humble suggestion, but I also know that like a voice crying in the wilderness it would be ignored. I have, however, spoken for posterity.

 

RipplesNigeria ….without borders, without fears

Click here to download the Ripples Nigeria App for latest updates

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now