Nigeria has a constitutional situation on its hands following the non-confirmation of Ibrahim Magu as the Chairman of the EFCC.
Magu was appointed by President Muhammadu Buhari in acting capacity. His appointment was rejected by the Senate on Thursday.
The EFCC Establishment Act 2004 is however silent on the appointment of the chairman in acting capacity.
It expressly provides that the chairman has to be confirmed by the Senate. Section 2 (3) of the EFCC Establishment Act 2004 provides that the ‘’Chairman and members of the Commission other than ex-officio members shall be appointed by the President and appointment shall be subject to the confirmation of the Senate.
It also provides in Section 3 (1) that ‘’the Chairman and members of the Commission other than ex-officio members shall hold office for a period of four years and may be re-appointed for a further term of four years and no more.’’