Senior Advocate of Nigeria, Chief Ife Adedipe, has said the Economic and Financial Crimes Commission (EFCC) Act is a product of executive bill and therefore should not elicit argument regarding the appointment of the Chairman of the Commission.
Speaking on the creation of the Commission, he said, Chief Olusegun Obasanjo’s government submitted a bill to the senate that was enacted as an Act based on his (Obasanjo’s) awareness of section 171 of the constitution that has become a reference point to those justifying the appointment of the Chairman of the Commission without recourse to the Senate.
He also said, the EFCC is not a Commission created by the constitution under section 153, but rather it is a product of National Assembly statutory law making.
Adedipe, made this clarifications at a press briefing in Ikoyi, Lagos, to state his position on the current argument generated by the refusal to confirm Ibrahim Magu by the senate and the presidency insistence on him, as the Chairman of the EFCC.
“The position of the Chairman of EFCC falls under the category of a public officers whose office enjoys statutory flavour. He has a tenure and cannot be removed until the tenure elapsed.
“Under section 171 of the 1999 constitution (as amended), the category of people who could hold office at the pleasure of the president are those contained in section 171 (a, b, c, d & e).
“The president can appoint them without need for senatorial approval and they leave office at the expiration of the president’s tenure of office in accordance with section 171 sub-section 6.
“Those who are in support of Magu’s appointment has not addressed the provision that made it mandatory that any appointment made in accordance to paragraph ‘a’ and ‘e’ of section 2 of this section shall be at the pleasure of the president and shall seize when the president seizes to hold office,” he stated, adding that there is no option than to go through the Senate with the appointment of Magu.