‘Take Decisive Measures To Stop Senate’s Impunity’ – Falana Tells Buhari

Femi Falana

Human rights lawyer, Femi Falana, has called on the executive arm of government to terminate the “rein of impunity” in the national assembly.

Falana said this in a statement on Wednesday, while reacting to the controversies that have trailed the senate of late.

He said the upper legislative chamber’s refusal to consider the appointment of 27 resident electoral commissioners (RECs) because of President Muhammadu Buhari’s reluctance to sack Ibrahim Magu, acting chairman of the Economic and Financial Crimes Commission (EFCC), was an act of impunity.

READ: [VIDEO] ‘Magu Is terrorizing Us’ – Senate Gives Buhari 2 Weeks To Sack EFCC Boss

“Pursuant to the powers conferred on it under section 3 (2) of the Economic and Financial Crimes Commission Act, 2004 the senate has refused to confirm the appointment of Mr Ibrahim Magu as the substantive chairman of the (EFCC),” he said.

“However, President Buhari has decided to allow Mr Magu to continue to head the EFCC in an acting capacity. The decision of the president cannot be faulted by virtue of section 171 (1) (d) of the constitution which provides that the president is vested with the power to appoint the head of any extra ministerial department to hold office in an acting capacity. Such appointment does not require the confirmation of the senate.

“Completely aggrieved by the decision of the president to exercise his constitutional powers in the circumstance the senate has decided not to confirm the 27 newly appointed resident electoral commissioners until Mr Magu has been removed from office.

READ: Senate Summons Prof. Itse Sagay For Calling Them ‘Childish And Irresponsible’

“In asking for the removal of Mr Magu the senate said that the anti-graft czar has been terrorising the senate. Should the senate resort to such cheap blackmail because the embattled EFCC helmsman has refused to compromise the prosecution and investigation of about 15 senators alleged to have been involved in serious economic and financial crimes? Why should the Senate President, Dr Bukola Saraki not be terrorised for the criminal diversion of N3.5 billion from the London/Paris Club loan refund?

“Before now, sharp disagreements between the national assembly and the executive had been submitted to the courts for judicial resolution in line with the rule of law… In view of the settled state of the law on summoning of critics by the national assembly and suspension of legislators the senate is advised to reverse its illegal decisions and quickly return to the path of constitutionalism in the interest of lasting democracy in the country.

“However, if the senate remains intransigent the executive branch of the government should adopt decisive measures to terminate the unending rein of impunity in the national assembly.”

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Falana also criticised the senate for summoning Itse Sagay, chairman of the Presidential Advisory Committee Against Corruption (PACAC), for allegedly making critical remarks about it.

He said the senate had no power to summon Sagay.

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