The Department of State Services has said
the Acting Chairman of the Economic and
Financial Crimes Commission, Mr. Ibrahim
Magu, has failed integrity test, warning that
he will hinder President Muhammadu Buhari’s
anti-corruption war.
The Senate had on Thursday rejected the
nomination of Magu by Buhari as the
Chairman of the EFCC.
The upper chamber of the National Assembly
cited “security reports” as the reason for the
rejection.
The PUNCH, however, sighted a copy of the
“security report” by the DSS in which Magu’s
activities were alleged to have made him
ineligible to hold the office.
The letter, dated October 3, was addressed to
the Clerk of the Senate, in reference to a
letter by the Senate, dated September 21,
2016, asking for Magu’s security check.
The report, which listed several alleged
malpractices against the EFCC boss, said his
confirmation would frustrate the anti-graft
drive of the Buhari-led administration.
Part of the allegations against Magu was his
being in possession of EFCC documents in
his private residence during the chairmanship
of Farida Waziri.
The DSS also made reference to the
circumstances surrounding Magu’s arrest,
detention and suspension by the Nigeria
Police.
The secret service also alleged that the sum
of N40m was paid for the rented apartment,
which costs N20m per annum, where the
acting EFCC chairman currently resides.
It added that the accommodation was not
paid for from the commission’s account but
by a presidential appointee, who had been
under investigation.
The DSS alleged that after renting the
apartment for Magu, the friend awarded a
N43m contract for the furnishing of the
accommodation.
The appointee, who is a retired Air
Commodore, was said to be a close
associate and ally of Magu, allegedly and
“runs questionable business” and was once
arrested by the service.
The report, which cleared the other four EFCC
appointees, said Magu, flew a private jet
owned by the retired military officer.
The service also claimed that the EFCC boss
was once in the same flight to Maiduguri
with a Managing Director of one of the new
generation banks, who it alleged was under
investigation.
It added that the bank chief had been linked
with a former Minister of Petroleum
Resources, Mrs. Diezani Alison-Madueke.
The DSS stated that after the arrest of service
chiefs by the EFCC, including Badeh, Umar
and Amosu, Magu’s ally, while under
interrogation by the service, had confessed
that he didn’t want Amosu to be probed, the
reason why the EFCC arraigned Amosu after
his friend’s interrogation.
The acting EFCC boss was also accused in
the report of making false allegations against
individuals “for personal reasons.”
The report said, “The circumstances
surrounding the return of Magu to the EFCC
and the role played by Lamorde and their
close relationship are clear indications of his
culpability in the allegation of corruption
tendencies of the Lamorde-led EFCC.”
The DSS also alleged that “Magu uses only
his police cronies to execute operations,”
adding that the fact that the cronies had
acquired landed properties “led credence to
the questions about his integrity.”
The report added, “In this light, Magu has
failed the integrity test and will eventually
constitute a liability to the anti-corruption
drive of the present administration.”
In rejecting Magu, the upper chamber of the
National Assembly had cited “security
reports” as the reason for the rejection.
The screening had been listed on the Order
Paper as part of the activities at the chamber
for the day.
The lawmakers were to conduct a
confirmatory screening for Magu and four
members of the EFCC on their nomination.
The plan to conduct the confirmatory
screening had allegedly divided the senators.
It was reliably learnt that at the usual pre-
session meeting by the principal officers on
Thursday, which held at the Senate
President’s office, the lawmakers engaged
themselves in a shouting match.
The Chairman, Senate Committee on Media
and Public Affairs, Senator Sabi Abdullahi,
before the end of the closed-door session,
announced that the lawmakers had rejected
Magu’s nomination and would not screen
him.
Abdullahi, who read from a statement while
addressing journalists, said, “The Senate of
the Federal Republic of Nigeria wishes to
inform the general public that based on
security reports available to the Senate, the
Senate cannot proceed and confirm the
nomination of Ibrahim Magu as the Executive
Chairman of the EFCC.
“Accordingly, the Senate hereby rejects the
said nomination and has returned the said
nomination to Mr. President for further
action.”
In an attempt by journalists to ask Abdullahi
questions, especially on the reported power
play involving Magu, individuals and the
Presidency and the Senate leadership, the
Senator said, “There’s no confusion here. We
have said it is based on security reports.
Please, all of us – public officers – go for
security screening. Everybody! And we are
saying based on security reports, we cannot
proceed and confirm (Magu) and we are
rejecting it (the nomination) and returning it
to Mr. President for further action. That is
just the statement.’’
The report, it was gathered, had been with
Senate President Bukola Saraki since
October.
Saraki, who presided over the plenary,
referred the other nominees to the Committee
on Anti-Corruption and Financial Crimes for
screening.
Magu, who was appointed by the President
as acting Chairman of the EFCC in November,
2015, following the removal of Ibrahim
Lamorde, has remained in the acting capacity
for over one year.
Apart from Magu, the confirmation of four
members of the commission was also
delayed.
The affected appointees are Moses Nda Sule,
Mamman Lawan, Imam Najib Galadanchi and
Adebayo Adeleke.
The letter for Magu’s confirmation was dated
June 17, 2016, and signed by the Vice
President Yemi Osinbajo, who was then the
acting President while Buhari was in the
United Kingdom on a 10-day medical
vacation.
Sagay, others accuse lawmakers of fighting
corruption war
Reacting to the rejection of Magu on
Thursday, Sagay berated the Senate for
refusing to confirm the acting EFCC
chairman.
Sagay told The PUNCH during a telephone
interview that the Senate acted for selfish
reasons and not in the general interest of
Nigerians.
He said, “The Senate doesn’t appoint a
chairman of the EFCC; what it does is to
confirm an appointment. If it doesn’t confirm,
then, he will remain acting, he doesn’t
become substantive but the powers of acting
or substantive chairman are the same; it is
just a difference in nomenclature.
“So, any act of bad faith to slow down the
corruption war is misplaced and it won’t
work. It is sad that people will go to that
extent of rejecting what is good for the
country for their selfish reasons because they
think it is not convenient for them. So this is
preference for self-preservation at the
expense of the nation and the people of the
country.”
He asked Nigerians to rise up and join the
fight against corruption and condemn the
action of the Senate.
“They must show that they are interested and
affected by the misery and poverty that have
been caused by looting. They must come out
and fight and join in the struggle; otherwise,
they will wake up one day and realise that
there is no country again.”
Also, human rights lawyer, Mr. Femi Falana
(SAN), believed the Senate had not rejected
Magu officially.
He said, “What the law says is that the
Senate shall confirm an EFCC chairman; not
an executive session, not a committee and
the Senate has not done this.
“So, the Senate has not rejected him and if
you look at what has been done, they are
saying they received a security report for
which reason they are not considering his
nomination.”
Also, a group of lawyers, under the aegis of
the National Association of Democratic
Lawyers, demanded the disclosure of the
nature and content of the “security report”,
which the Senate relied on to reject the
nomination of Magu.
In a statement on Thursday by its President,
Mr. Luke Aghanenu, NADL said it was curious
that the Senate would reject Magu in spite of
the good performance of the EFCC under his
watch as acting chairman.
The group said, “Perhaps it is to save its
face from what obviously seems to be
outright bias that it embarked on this
rejection by invoking unexplained security
reasons.
“As the power to confirm or reject a nominee
for the Chairman of the EFCC is a
constitutional duty, we demand that the
Senate should immediately disclose to
Nigerians what the ‘security report’ on Mr.
Ibrahim Magu, is to justify the announced
rejection of his nomination.
Groups condemn EFCC boss rejection
Also, civil rights groups, in separate
interviews with The PUNCH condemned the
rejection of the EFCC acting chairman by the
Senate.
The President of the Nigeria Voters
Assembly, Mashood Erubami, said there was
a context in which the Senate had been
reluctant to accede to the confirmation of the
EFCC Chairman before the rejection.
He stated, “The context is that corruption is
strongly fighting back albeit vindictively. The
rejection is not only targeted at stepping on
the toes of the executive in its dogged fight
against corruption but also to pull down the
institutions being used and to rubbish the
President’s efforts to strongly put up a good
fight against unethical practices.
“Indeed, the direction in which the legislators
are going to either end the fight against
corruption or crush its fighting legs is well
known to Nigerians but it will be left to
Nigerians to rise to bail themselves from the
menacing acts of their tormentors.”
A member of the House of Representatives in
the Second Republic, Dr. Junaid Mohammed,
described the Senate’s rejection of the
nomination of Magu as a blow to
democracy.
Mohammed said, “I find the whole
development rather curious. I do not accept
that in a democracy, the legislature should
presume and deliberately delay the
confirmation of such an important position in
the government, and now, belatedly, advance
some funny reasons such as adverse security
report.
“My suspicion is that some members of the
cabal around the President and their friends
in the Senate, who are determined to make
sure that Magu does not get confirmed, are
responsible for this situation.
“Secondly, since Magu has served in this
capacity for six months and has not been
found wanting, the normal routine is to
confirm his appointment. The government of
the day, in conjunction with Senators, has
refused to confirm him. I feel this is a blow
to democracy.”
The President, Campaign for Democracy,
Bako Usman, said the lawmakers might have
rejected Magu for being too close to the
Presidency.
“The irony behind the tragedy of not
confirming (Magu) may not be far away from
the fact that Magu has been seen by the
majority, not just the Senate, as being
selective in his quest for bringing citizens to
justice.
“The romance that exists between Magu and
the Presidency is glaring, the National
assembly will rather want a different person
in that position,” he added.
But a lawyer, Ebun-Olu Adegboruwa, said the
action of the Senate re-asserted the
independence of the legislative arm of
government.
He stated, “It is wrong to build our
institutions, especially the anti -corruption
agencies, around individuals. We should
strengthen the institutions rather than the
individuals.
“In this regard, the rejection of Mr. Magu
should have no impact on the work of the
EFCC, ordinarily. In a country of about 180
million people, the President should shop for
a replacement that can perform the job as
much or even better than Mr. Magu.”
Magu will not be removed –PACAC boss
Meanwhile, the Chairman of the Presidential
Advisory Committee Against Corruption, Prof.
Itse Sagay, has said Magu will not be
replaced by any other person.
Sagay, who stated this in the current edition
of The Interview, said Magu’s appointment
would be renewed whether he was confirmed
or not.
In the interview conducted by The Interview
before Magu’s rejection on Thursday, Sagay
said, “Corruption is fighting back. The people
who are supposed to confirm him, many of
them are under investigation and, somehow,
they think if they don’t confirm him, the
investigation will gradually fade away,
forgetting that an acting chairman is a
chairman. There is no difference in powers.
He is going to be there.
“Whether they like it or not, he will be there.
His chairmanship will keep on being
renewed.
“Since Nuhu Ribadu left, we have not had a
man with such sterling qualities as Ibrahim
Magu, and whether they like it or not, Magu is
going to be there until he completes all the
terms he is supposed to under the law.”