DOES MAGU'S APPOINTMENT NEED CONFIRMATION BY THE SENATE?

DOES MAGU'S APPOINTMENT NEED CONFIRMATION BY THE SENATE?

By; Abdulmalik Afolabi.
Faculty of Law, university of ilorin.

Femi falana(SAN) recently had his say on this, and prof. Yemi osinbajo's(SAN) view is also of correspondence.

And  subject to sec.171 the president made an error by sending magu's name to the Senate for confirmation.

Based on sec.171 of the Constitution of the federal Republic of Nigeria, as amended,2011, the power is vested in the president, Exclusively to appoint anybody to hold office or act in office, and the duration of acting is not specified

of all the positions listed, the position listed in sec.171; those to be occupied by public officers without any reference to the Senate

Few department was named in the section, but my point is that— Head of extra ministerial department like the— EFCC, ICPC, no reference to the Senate was made in the section

the mistake is that the president relied on sec.2(3) of the EFCC act, which is subject to the Constitution.

Sec.171 takes precedent over sec.2(1) of the EFCC act. The president doesn't have to send magu's name to the Senate for confirmation.

In my perspective, I think they are to be appointed by the president and not based on the confirmation of anybody, because subject to this same sec.171, it is provided some positions like the public officers— secretary to the government of the federation, permanent secretary, head of service, and heads of extra-ministerial departments, like the ICPC, EFCC without making reference to confirmation by the Senate.

About the author: Afolabi is a writer— An essayist and a poet, a Law student at the University of Ilorin, he can be reached via +2348148777171, Arabzico11@gmail.com, or Afoguarantor11@gmail.com.