EFCC Chairman Controversy: Sagay, Others Blasts Attorney General of the Federation

The Chairman, Presidential Advisory Committee Against Corruption, Prof. Itse Sagay (SAN), has said going by the constitution, any minister, who openly disagrees with Acting President Yemi Osinbajo, risks being sacked for insubordination,Punch reports.

Sagay said this in a statement on Thursday.

The PACAC chairman therefore berated the Attorney General of the Federation, Mr. Abubakar Malami (SAN), for taking a separate stance from Osinbajo over the refusal of the Senate to confirm the acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu.

A few hours after Malami had said Osinbajo did not consult the Federal Executive Council before saying the executive did not need Senate confirmation for Magu to function, Buhari’s Senior Special Assistant on Media and Publicity, Garba Shehu, described the acting President’s comment as a ‘‘personal opinion.’’

Malami, who is also the Minister of Justice, had, while briefing State House correspondents after the weekly FEC meeting on Wednesday, said Osinbajo’s statement that Magu did not need Senate confirmation was a personal opinion and not that of the body of ministers.

However, Sagay said Malami was out of order because the constitution stated clearly that the opinion or decision of the President or acting President was final and could not be questioned by any minister.

Also, the Centre for Anti-Corruption and Open Leadership believed those opposing the acting President could be saboteurs in the Presidency while a Senior Advocate of Nigeria, Norrison Quakers, pointed out that a situation where officials of government disagree with the head of that government was dangerous.

Sagay explained that any minister, who openly disagreed with the President or the acting President, deserved to be sacked going by Section 5(1) of the 1999 Constitution, which states that executive powers of the Federation shall be vested in the President, not in the Executive Council of the Federation.

He argued that ministers and the FEC had no executive authority outside what was granted them by the President or Acting President.

The PACAC chairman, a senior advocate of Nigeria, added, “The Executive Council of the Federation, also known as FEC, cannot have views that are separate or different from those of the President, or where applicable, the Acting President; otherwise, that will constitute gross insubordination and misconduct that can lead to dismissal.

“Therefore, the slant being given to the statement of the Attorney General of the Federation, namely; that the Executive Council of the Federation is entitled to meet in order to express an opinion or view on a matter on which the President or Acting President has already expressed his views or opinions is wrong, misleading and totally unconstitutional.”

Also, the CACOL feared that there could be saboteurs in the Presidency, who were not comfortable with the fight against corruption and who would want Magu removed.

The CACOL Director, Debo Adeniran, said, “Some of those ministers appointed by President Buhari are those who will not support him to fight corruption hands down. There are several executives in the Presidency who will be sabotaging the bids of the President and the acting President.

“We know that the ascendancy of this administration to power rests on its readiness to fight corruption. The EFCC chairman has been able to demonstrate courage, standing eyeball-to-eyeball with people who feel they are larger than life.’’

In his reaction, another SAN, Mr. Norrison Quakers, said the development was not healthy for the polity as it portrayed the Federal Government as a house divided against itself.