measures to terminate the reign of impunity in the National Assembly’.
He said on
Wednesday that recent developments in the upper legislative chamber showed that
the Senate had thrown caution to the wind.
Falana, in a
statement, cited as an example to back his claim the decision by the Senate not
to screen the 27 newly appointed Resident Electoral Commissioners until Mr.
Ibrahim Magu had been removed from office as the Acting Chairman of the
Economic and Financial Crimes Commission.
He also said
the summons served on the Chairman of the Presidential Advisory Committee
against Corruption, Itse Sagay (SAN) by the Senate because the Professor of Law
criticised it, was informed by the atmosphere of impunity that seemed to have
enveloped the Red Chamber.
He added that
the Senate also violated settled principles of law by suspending Senator Ndume
for six months on Wednesday.
He advised the
Senate to reverse itself on the issues, failing which the executive arm of
government must ‘adopt decisive measures’ to stop the alleged impunity in the
National Assembly.
He said, “In
view of the settled state of the law as expatiated on in the aforementioned
cases, 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 arm of the government should
adopt decisive measures to terminate the reign of impunity in the National
Assembly.”
Falana
insisted that by the virtue of section 171 (1) (d) of the constitution,
President Muhammadu Buhari had the power to retain Mr. Ibrahim Magu in acting
capacity as the Chairman of the Economic and Financial Crimes Commission, even
after Magu’s nomination for the substantive position had been rejected by the Senate.
He said that
instead of approaching the court to ventilate its grievances, the Senate
resorted to blackmail by refusing to screen the 27 newly appointed Resident
Electoral Commissioners until Magu had been removed from office.
He said the
action of the Senate amounted to throwing caution into the wind.
Falana said,
“The decision of the President cannot be faulted by the 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 an 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 as EFCC Chairman.
“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?”
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