Following the Nigerian Senate’s rejection of Ibrahim Magu as substantial Chairman of the Economic and Financial Crimes Commission, members of the House of Reps has urged Buhari to go to court if he is not happy about the decision.
The House of Representatives on Thursday, asked President Muhammadu Buhari to seek interpretation of the Economic and Financial Crimes Commission (EFCC) Act before a court, following the Senate’s rejection of Ibrahim Magu as substantial Chairman.
The House also urged the executive to refrain from making statements that connote the suppression of the powers of the judicairy considering its negative effects on the doctrine of separation of powers.
This followed a motion on Thursday in Abuja by Rep. Leo Ogor (Delta-PDP) on the “need to prevent erosion of the Doctrine of Separation of Power”.
Ogor, while moving the motion, explained that by the clear provision of Section 2 (3) of the EFCC Act, the chairman of the anti-corruption agency shall be nominated by the President subject to the confirmation of the Senate.
He said, “Convinced that the EFCC Act is an Act of the National Assembly that can only be set aside by a court of competent jurisdiction, and until that happens, the law remains in force and binding on all persons and authorities in the country.
“Further aware that the Executive Arm of Government has not filed any proceeding in any court to challenge the provision of Section 2 (3) of the EFCC (established) Act of 2004.”
He further explained that under the doctrine of the separation of powers, the interpretation of the constitution and Acts of parliament was the sole responsibility of the judiciary and not that of any person or official of the other arms of government.
Ogor noted that the statement credited to Vice President, Yemi Osinbajo was capable of eroding the doctrine of separation of powers with its obvious implication of instituting a dictatorship in the country.
Contributing to the motion, Rep. Simon Arabo (Kaduna-APC), said that there was need by the executive to tow the line of separation of powers.