Senator Dino Melaye has said that President Muhammadu Buhari, cannot send Ibrahim Magu’s name to the Senate for confirmation again, after he was rejected twice .
Melaye stated this while reacting to the debate in the media, on whether Magu can continue to be EFCC Acting Chairman and if Buhari can re-nominate him.
He explained that there is a provision of the Senate rules, which would not allow members to consider Magu for the same position again.
Citing Order 131 of the Senate Rules, Melaye said after the rejection of Magu’s nomination, his candidacy is considered lapsed.
Order 131 of the Senate Rules states: “Nominations neither confirmed nor rejected during the session or within 21 working days in the case of Ministerial nominees shall be returned by the Clerk to the National Assembly to the President of the Federal Republic of Nigeria and shall not again be made to the Senate by the President of the Federal Republic of Nigeria.”
Melaye said: “Those suggesting to the President that after failing to scale the confirmation process twice, the President should leave Magu to be acting are only recommending violation of the law, disrespect for due process and perpetration of illegality. All these will only undermine democracy and constitutionalism in our country.
“Those drafters of the law who made the provision that the Senate should confirm the nomination of the EFCC chairman did not make any mistake and nobody should observe the law in the breach by getting a person into that office who has not been confirmed. Magu is not greater than the law creating EFCC. Magu is not the last messiah. He can’t be the only competent person for the job out of 170 million Nigerians. Should he voluntarily decline the appointment today, will EFCC fold up?”
Melaye had claimed the EFCC was trying to cook up allegations against him
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