The rejection of Mr
Ibrahim Magu by the Senate as the substantive chairman of the EFCC is received
with mixed feelings.
First, it reasserts
the independence of the Legislative arm of government, which is not bound to
accept all proposals and candidates of the executive, hook line and sinker.
Second, it is wrong to
build our institutions, especially the anti corruption agencies, around
individuals. We should strengthen the institutions rather than the individuals.
In this regard, the rejection of Mr Magu should have no impact upon the work of
the efcc, ordinarily. In a country of about 180 million people, the President
should shop for a replacement that can perform the job as much or even better
than Mr Magu.
Third, the anti
corruption agencies, especially the Efcc, need a general overhaul, which can
only be achieved through a new man on the saddle. The issues plaguing the efcc,
of disregard for the rule of law, of corruption, abuse of human rights, leading
to constant but avoidable deaths of citizens in Efcc custody, obnoxious bail
conditions as a means of keeping citizens in custody for longer periods of
time, extortion and torture of suspects, are some of the reasons why there is
need for a new hand that can overhaul the agency.
Fourth, the senate
based its decision on security report, which is now in the public domain and in
that regard the senate cannot be faulted.
The issues raised in
the report of the DSS in relation to Magu cannot be overlooked, as in similar
or less weighty circumstances, the Efcc, under Magu, has preferred criminal
charges against such suspects, followed with media blitz. After all, the reason
that the Hon Just Ofili Ajumogobia is in court facing trial is for her
inability to account for her lavish possessions. If an ex policeman is living
in a luxurious N40m apartment and cruising in private jets, he should be put on
trial in the dock, as he has done to others.
We cannot have such
weighty allegations of corrupt enrichment hanging over a man who is to
investigate and prosecute others.
Prior to Mr Magu's
appointment, a serious allegation of corruption was made against his
predecessor in office, but we have never heard of any effort made by the Efcc
since Magu took over, on that case.
Quite apart from all
the above, the utterances of Magu, in relation to presumption of guilt of
suspects, are rather uncouth, reckless and unfit for a public officer of his
ranking.
Generally, anti
corruption agencies require leaders with sound knowledge of law and due
process. The tenure of Mr Magu as acting chairman of efcc has been marked with
too much controversies, such that it may be necessary to relieve him of such
conflicts.
Having worked with the
efcc in the past, was tried and removed and then brought back in very
controversial circumstances, surely it stands to reason that his leadership as
substantive chairman, may throw the agency deeper into controversies.
Now I've read some
opinions suggesting that Mr Magu will remain in acting capacity, despite his
rejection by the senate. Once the president has presented a candidate to the
senate for confirmation and the candidate has been rejected, such a candidate
cannot function in office in acting capacity again, as that would give the
impression that Magu was picked for a hatchet job.
Also, the EFCC is too
sensitive to be headed by a rejected candidate. It would mean simply that the
operations of the EFCC has become illegal, after December 14, when the senate
rejected Magu.
It can no longer file
charges in court or indeed arrest any citizen.
This should be avoided
and I urge the President to present another candidate to the senate for
confirmation.
Ebun-Olu Adegboruwa,
Esq.
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Opinion