The Nigerian Senate yesterday suspended further con
firmation of nominees as the row between the Acting President, and the National Assembly regarding the confirmation of nominees is deteriorating.
The lawmakers asked Osinbajo to immediately withdraw his earlier remarks that the Senate lacks the power to confirm nominees of the president.
Disagreements between the executive and legislature have almost become a permanent feature in the ongoing dispensation where , incidentally, the APC-led Federal Government also controls the National Assembly. The inability of the two arms to strike consensus most time on policy matters, underscores the deep divisions within the ruling party. The net result is a stalemate that affects almost every other thing in the polity and economy.
Adopting a motion sponsored by Dino Melaye (APC, Kogi West) on the matter, the Senate suspended the consideration of any further request from the acting president for the confirmation of nominees.
While reacting to the Senate’s rejection of Ibrahim Magu’s appointment as substantive Economic and Financial Crimes Commission (EFCC) chairman, Osinbajo had said that “in the light of Section 171 of the 1999 Constitution, the president can retain Magu as EFCC chairman without confirmation by the Senate.
“In that same Section 171, the Constitution rightly says that certain appointments must go to the Senate, such as ministerial and ambassadorial appointments. Those of heads of agencies like the EFCC do not have to go to the Senate. That’s what the constitution says.
“I agree with Mr. Falana that there was no need in the first place to have sent Magu’s name to the Senate, but we did so and it was rejected by the Senate, but I believe that it can be represented.”
Fresh trouble was triggered yesterday when Osinbajo wrote a letter to the Senate requesting it to confirm the appointment of Lanre Gbajabiamila as director-general of the National Lottery Commission.
In his ruling, Senate President Abubakar Bukola Saraki, said:
“I thank Senator Ahmed Yerima for raising the issue. I think this is a very important matter, we need to address it once and for all and put it behind us because as a society, we can’t pass laws and see these laws not being obeyed. It is very clear these resolutions as passed must be acted upon by the acting president and ensure that we continue to respect our democracy, our laws and constitution. It is not for us to choose which laws we obey and which laws we don’t obey. That is not the way any civilised modern society works. And we hope that the acting president will take appropriate action in line with these resolutions.”
Prior to the reading of Osinbajo’s letter, the Senate had a closed-door session which lasted for almost an hour. It was learnt that members discussed extensively the “flagrant refusal by the executive to implement resolutions passed by the Senate.”As soon as the Senate reconvened from the closed-door session, Yerima from Zamfara State raised Order 14 of the Senate Standing Rules. In his submissions, he argued that since the acting president had already concluded that the Senate lacks the powers to confirm nominees, there was no need to acknowledge any letter from the executive on issues relating to confirmation.
The Senate accordingly resolved to suspend any confirmation of nominees from the executive until issues relating to the power of the Senate to confirm are resolved. The chamber also resolved that the acting president must respect the constitution as it relates to the issue of confirmation.The lawmakers passed a resolution and re-enforced its earlier position that all nominees rejected by the Senate should be relieved of their duties, with particular reference to Magu.
While raising the point of order, Yerima had noted: “I want to draw the attention of the Senate to a statement credited to the Acting President, Yemi Osinbajo that the Senate does not have the powers to confirm. “I was surprised to see the Senate president read a letter from the same acting president who said the Senate does not have the powers to confirm a nominee from the executive.
“I am raising this point of order to draw the attention of the Senate to this issue and urge that we suspend any further action on confirmation of any nominee until the issue is resolved.”George Sekibo added his voice, urging his colleagues to take a firm position and reject any attempts to weaken the National Assembly.
He said: “A careful look at what is happening will tell Nigerians that they are trying to indirectly take over our responsibilities. The main function of the National Assembly is to make laws. The clearing of nominees from the president is one of the major functions of the Senate.
