The Senate has perfected plans to withhold the confirmation
of nominees by President Muhammadu Buhari as part of the lawmakers’ strategies
for a showdown with the Presidency, The PUNCH has reliably learnt.
This is notwithstanding the recent move by the Presidency to
reconcile with the Senate.
The upper chamber of the National Assembly is considering
placing an “embargo” on approval of appointments by the President until the
legislature and the executive resolved the lingering crisis between them.
It was gathered on Sunday that the Senate would make the
move based on the recent comment by Vice-President Yemi Osinbajo, who said he
agreed with human rights lawyer, Mr. Femi Falana (SAN), that Section 171 of the
Constitution empowers the President to make some appointments without National
Assembly’s approval.
An impeccable source in the leadership of the Senate told
our correspondent that a constitutional crisis was brewing in the country.
According to the source, the legislature and the executive
have conflicting interpretation of the Constitution on their powers and
responsibilities.
The source, who spoke on condition of anonymity, said while
an intervention by the judiciary would be needed, the executive should go to
court and not the legislature.
The Presidency and the Senate had clashed over the retention
of Mr. Ibrahim Magu as acting Chairman of the Economic and Financial Crimes
Commission despite the rejection of his appointment by the legislature.
The Senate had, on March 28, 2017, suspended the
consideration of the 27 nominees by the President as Resident Electoral
Commissioners of the Independent National Electoral Commission for two weeks.
The move was to protest the Presidency’s insistence on Magu
as the acting Chairman of EFCC.
Osinbajo had ruled out the possibility of Buhari replacing
Magu with another nominee, adding that the President did not find the DSS
report, which was the basis for Magu’s rejection, as a strong reason to replace
the EFCC boss.
He said despite being rejected twice, the government was
still at liberty to renominate Magu.
Speaking to our correspondent on Sunday, the National
Assembly source stated, “There is going to be a constitutional crisis in
Nigeria because the Senate is now at a crossroads on what to do with the
nominations made by the President for which he is seeking the confirmation by
the Senate.
“Going by what Osinbajo said on Magu, it means that the
nation’s Presidents from 1999, who sent nominations to the Senate for
confirmation, had all breached the Constitution. Even Buhari, who has been
sending nominations to the Senate, was not properly advised.”
Senate President Bukola Saraki had, at the plenary on
Wednesday, read three letters from Buhari, seeking the confirmation of some of
his appointments, including three non-career ambassadorial nominees,
The President, in another letter, sought confirmation of the
appointment of five members for the board of the Central Bank of Nigeria.
The President also wrote the Senate separately to seek the
confirmation of the appointment of the Chairman, National Electricity
Regulation Commission.
Also, the lawmakers have yet to screen and confirm the two
ministerial nominees sent to the Senate by Buhari.
The source added, “They may not (be considered, including
those of the CBN, NERC and others just sent to the Senate, because of the
claims made by the Vice-President. He spoke as if he was speaking the mind of
the President.
The source added, “They (Presidency) should proceed to court
to seek endorsement for their position. It is their business to go to the
court, not the Senate’s. The Vice President has already stalled the nomination
and confirmation processes by his unguarded statements.
“He somehow agreed with Falana that there is no need for
legislative confirmation for the appointments. With the Section 171 claim by
the Vice-President, the Senate is now at a crossroads on whether to go on with
the confirmation (of appointments) or adopt the new claim by the Presidency.
“The National Assembly follows established laws, which have
been used for all dealings with the other arms of government. If they now have
a contrary view, they should go to court.”
But a member of the Senate expressed his anger over the plan
in an interview with our correspondent.
The All Progressives Congress lawmaker lamented that some
recent decisions by the chamber were not enjoying the support of most members.
The lawmaker said, “Between you and I, that is rubbish. The
issue of Magu is rubbish; the issue of (the Comptroller General of Nigeria
Customs Service) Hameed Ali is rubbish.
“If some of us insist on Magu’s removal and Ali should
appear before the Senate in uniform, how does that put food on the table of
Nigerians? And we are supposed to focus on what can improve the life of the
average Nigerians; we are not doing that. But we are busy with Ali, Magu
and other issues. It is so unfortunate.”
The Chairman, Senate Committee on Media and Public Affairs,
Senator Sabi Abdullahi, could not be reached for comments on the latest
development.
While he did not return our correspondent’s calls on
Saturday, the lines indicated that they had been switched off on Sunday.
But the Vice-Chairman, Senator Ben Murray-Bruce, said the
Senate would address all issues relating to the relationship between the
lawmakers and the Presidency.
He said, “By Tuesday, Senator Sabi (Abdullahi) will speak on
the issue as reflected by the joint decision of the Senate. Nobody can take any
individual position (on the matter); the Senate will take the position.”
When asked to speak as the deputy spokesman for the Senate,
Murray-Bruce replied, “Sabi will take that position because I have not gotten
any official communication from the Senate and I don’t have any opinion (on the
matter).”
President Buhari had set up a reconciliatory committee
chaired by Osinbajo, which has as members ministers, who were at a time,
members of the National Assembly as members.
The Senior Special Assistant to the President on National
Assembly Matters (Senate), Senator Ita Enang; and Samaila Kawu (House of
Representatives) are also members.
But while the Presidency said the panel had started to meet
with the Senate leadership, Saraki had denied such meetings, saying the
committee was not necessary.
The Chairman, Senate Committee on Media and Public Affairs,
Senator Sabi Abdullahi, could not be reached for comments on Saturday and
Sunday.
By Leke Baiyewu, Abuja
