The many battles of EFCC boss Magu for confirmation

Mr. Ibrahim Magu, the dreaded anti-corruption czar and current acting chairman of the Economic and Financial Crimes Commission (EFCC), needs no introduction in the political sphere. To some people, Magu is a nightmare they fervently want to wish away, but it appears that the small framed police officer is not ready to throw in the towel yet.

Before his appointment by Buhari as head of EFCC, Magu was the head of Economic Governance Unit of the commission. Magu, if confirmed by the Senate, will be the fourth head of the anti-graft agency, after Nuhu Ribadu, Farida Waziri and Mr. Ibrahim Lamorde. Like others, all the heads of the EFCC are from the north.

President Buhari appointed Magu acting chairman of EFCC after the removal of Ibrahim Lamorde on November 9, 2015. But the Presidency on the 14th of July, 2016, eight months after his appointment, wrote to the Senate, seeking the screening and confirmation of Magu as chairman of EFCC. The letter was read on the floor one week before lawmakers embarked on their annual vacation.

According to existing Nigerian laws, a public official is not expected to act in office for more than six months without confirmation of appointment. Ironically however, President Buhari did not forward Magu’s name to the Senate for confirmation eight months after he was appointed.

The delay in sending Magu’s name, may not be unconnected to the political intrigues and powerplay in the Presidential Villa. It was rumoured recently that President Buhari’s Chief of Staff, Abba Kyari and Secretary to Government of the Federation (SGF), Mr. Babachir David Lawal are partly behind the refusal by the Senate to confirm Magu as EFCC chairman.

When the name was eventually sent, amidst controversies, it met another brick wall in the Senate. Magu who is perceived to have rumpled some feathers, including that of the Senate President, Senator Bukola Saraki and his Deputy, Senator Ike Ekweremadu, is seen as a naive public officer who did not know when to apply caution. Pundits had wondered why he he would pick fights with Saraki and Ekweremadu while confirmation was still pending in the Red Chamber.

His frequent visits to the National Assembly where he meets with the Special Assistant to the President on National Assembly Matters (Senate), Senator Ita Enang, have not yielded any results.

On April 20th, 2016, Magu and Ekweremadu had an altercation, following the decoration of the latter as anti-corruption ambassador of EFCC by its National Assembly liaison officer. Magu had maintained that the award given to Ekweremadu was of no consequence as the officer acted on his own.

Similarly, EFCC under the leadership of Magu was believed to have assisted the Federal Government’s team prosecuting Saraki at the Code of Conduct Tribunal (CCT) .

Since July, when the name was read and referred to the Senate committee on Anti-Corruption and Financial Crimes, the leadership of the Senate has been silent on the confirmation of Magu. The committee saddled with the responsibility of vetting Magu has not submitted its report.

Frequent visits by Magu to the Senate and intense lobbying on his behalf by the presidential liason officer, Senator Ita Enang have not swayed lawmakers.

For Magu, its still a long walk to freedom. Magu’s problem is being further compounded by his alleged role in the ongoing trial of Saraki. It is believed that the EFCC under Magu’s watch is furnishing the Federal Government with materials used in the prosecution of the Senate President. Pundits believe that his confirmation maybe tied to the acquittal of Saraki by the CCT.

When confronted during the week on why Magu was yet to be confirmed as EFCC chairman, Senate committee chairman on Anti-Corruption and Financial Crimes, Senator Chukwuka Utazi refused to give a straight forward answer. Instead, he said he could not act beyond the powers conferred on his committee.

Read also: Why corruption thrives in Nigeria –EFCC boss, Magu

Even cries and blackmail by anti-corruption groups, have not swayed Senators to make a U-turn and confirm Magu. In August this year, the Africa Network for Environment and Economic Justice (ANEEJ), begged the Senate to confirm Magu as substantive chairman of the EFCC. Four months after, nothing has changed.

Members of the group, had contended that the security of tenure for the leadership of the anti-corruption agencies saddled with the task of tackling the debilitating effects of corruption is a globally recognized principle for guaranteeing the independence of anti-corruption agencies.

It had argued that Magu’s “confirmation as EFCC Chairman without further delay will give the anti-corruption fight the boost it needs to end the culture of impunity and systemic corruption in Nigeria.

“The guarantee of security of tenure of anti-corruption agencies officials is at the root of the independence, effective functioning and freedom from undue influence of anti-corruption agencies as prescribed by article 6(2) of the UN Convention Against Corruption (UNCAC) of which Nigeria is a signatory. Anything short of such a guarantee renders the fight against corruption ineffectual, susceptible to political manipulation and compromises the independence of the anti-corruption agencies.

…”This delay by the Senate sends a wrong signal of deliberate attempt by the Senate to frustrate the anti-corruption fight or at best, exert political pressure on the EFCC and force it into some compromise with the Senate”, the group stated.

In recent days, Senate President, Saraki has met with President Buhari privately at least three times. Though there are speculations, it cannot be immediately ascertained if Magu’s confirmation was part of the discussion.

There are also speculations in some quarters that Magu’s confirmation is also the subject of political horsetrading to exact a guarantee of immunity for some set of politicians, or at most a soft landing.

Even as Magu and his supporters pray that the Senate may soft pedal and confirm him soon, for now, his fate still hangs in the balance. And it seems all Nigerians can do is continue to wait as the Senate takes its time to do the necessary, whether to confirm him or not.
By Ehisuan Odia ….

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