HOW SENATE DOCKED AND REJECTED MAGU'S RENOMINATION

IBRAHIM MAGU MUSTAPHA

Ibrahim Magu Mustapha, Acting Executive Chairman, EFCC has for the second time, been rejected by the Senate to be sworn in as the substantive chairman of the anti corruption agency despite his re-nomination by the Executive.

According to reports monitored from the Red Chambers of the National Assembly, the lawmakers anchored their decision on the Department of State Service, DSS report on Magu and his poor performance at the screening which saw him failing the integrity test amidst heavy allegations of corruption against the agency under his watch.

Consequently, the Senate, under the National Assembly is asking the President, Muhammadu Buhari to forward a fresh nomination for the prime anti-corruption post.

Magu, in his defence, had accused the DSS of not giving him fair hearing.

Meanwhile, some eminent Nigerians, amongst them, is the Chairman of the Presidential Committee on Corruption, Professor Itse Sagay, SAN, who disagreed with the outcome of the Senate decision, adding that the non-clearance of Magu will not stop him from operating as EFCC acting chairman.

However, some have said that the decision would impact negatively on the anti-corruption crusade as the EFCC is being weakened gradually.

Magu, in the report by the DSS, was accused of corruption as well as lacking the integrity needed to carry out the responsibility of the number one corruption fighter of the country.

The Acting EFCC chairman had arrived the Hallowed Red Chambers few minutes to midday and was fired with several salvos with the Deputy Senate President, Ike Ekweremadu firing the first shot.

After being grilled for about two hours by the Senators, the Senate in the committee of the whole rejected his nomination.

The DSS reports which nailed him, says “Magu failed the integrity test and his confirmation would shackle the EFCC from effectively tackling corruption in the country and hampering the anti- corruption drive of the President Buhari administration”.

Chairman, Senate Committee on Media & Public Affairs, Senator Aliyu Sabi-Abdullahi, while briefing journalists after the session stated that, apart from the DSS report, Magu was not confirmed because of his lacklustre performance in answering questions and poor defence on the 14 points raised by the DSS.

Sabi-Abdullahi disclosed that the DSS, in a letter, yesterday, confirmed its position on the earlier report and if there is any ambiguity on the supposed two reports, yesterday’s letter pointedly referred to the one of October 3, 2016.

“It is a question of protecting institutional integrity because as an institution the DSS is greater than the acting chairman”. “Are we saying the DSS is incompetent? Are we saying the DSS should be rubbished? Doing anything to rubbish the DSS would amount to rubbishing Nigerians. Doing so would also amount to rubbishing the institution”, he said.

“What we have taken by this decision goes to show that the President has to re-nominate another candidate and in the interim, somebody else would have to carry out that exercise”, Saraki stated.

“What does it say of an agency that submitted two varying reports on the same person, the same day” he asked?

In his defence, the embattled anti-corruption says; “Up till now, the DSS has not given me a chance to hear from me. I have not been given fair hearing by the DSS. It is a fundamental issue, it is a constitutional matter. …There are two reports, and that tells you about the credibility of the institution”, Magu insisted.

According to him, in spite of the DSS findings, no attempt had been made by the agency to invite him so as to make way for fair hearing on any of the issues raised, adding: “There’s right to fair hearing, and I have that right. Until now, I’ve not been invited by DSS to come and respond to any issues raised”.

Tasked severely over the commission’s continued detention of Sambo Dasuki, former National Security Adviser under President Goodluck Jonathan; former Minister of FCT, Bala Mohammed; and former Deputy Chairman of the Peoples Democratic Party, PDP, Prince Uche Secondus and his reported relationship with Air Commodore Mohammed Umar, (Rtd.), internal corruption in the EFCC, allegations of human rights abuses, refusal to obey court orders and inter-agency rivalry among others, Magu could not provide clear answers to some of the questions, claiming ignorance of some of the allegations against the EFCC bordering on corrupt practices.

Senator Dino Melaye, representing Kogi West Senatorial District queried the nominee on how some Certificates of Occupancy (Cs-of-O) seized during the raid on the home of an individual, were discovered in the “market” after some officials allegedly tried to sell the land, but that, the issue was now with the police as two of the Cs-of-O have been returned to the owner”.

“On the premise of this request that we have received this from the DSS; The DSS is to us what the FBI and CIA are and we cannot ridicule, we cannot undermine and we cannot put in abeyance the report of the DSS”.

“Anyone who wants to be chairman of EFCC must have the character and characteristics of the wife of Caesar. You must be unblemished, you must be pure and you must be stainless. From the questions and answers that have been going on, from my own myopic point of view, I conclude that there is a case in the police station which you are aware of where EFCC people raided a particular house, Cs-of-O were taken and those Cs-of-O were found in the market and police have investigated and two of the Cs-of-O have been returned to the owner”.

“Under your watch as EFCC chairman do you still think, you, after this report and as a result of what has happened to the Cs-of-O of innocent Nigerians, do you still see yourself qualified to be the chairman of EFCC or we take you to Golgotha”, Dino insisted.

Senator Barnabas Gemade in his own questions stated: “I saw in the DSS letter three major accusations, one, which is dealing with security fact and the second one is that one Air Commodore Umar Mohammed secured an accommodation for you and the third one is an issue of integrity. They say that perception is very important and this issue of integrity, the same Umar whom I do not personally know is a dubious personality and this report therefore tends to show that your friendship with this Umar Mohammed therefore indicates that your integrity is also in question and you have not responded to that matter”.

“Who is Umar Mohammed and what is your relationship with him”, Senator Barnabas Gemade asked?

“I have respect for everybody in this hall and I have senior brothers in this hall. Elder Gemade, please what does it mean if an institution submits two varying reports of the same person on the same day? Dino is my friend and we are fighting corruption together until he came to this house here and abandoned us. I have to be open. “The case with the stolen Cs-of-O, it is not everything that is done in the EFCC I have knowledge of. The EFCC is too big, believe you me, if not now, I didn’t know there was a case pending against EFCC staff in a police station. I will make sure whoever is involved is dealt with. So I will now go back and investigate it and give you a feedback after my investigation. “My relationship with Air Commodore Umar Mohammed (rtd) — I didn’t know him from Adam until we were appointed members of the Armed Forces Investigation Panel. The house I am staying actually belonged to the late Dora Akunyili. After the burial, her son was staying in the US and was looking for money to go back to the US; that was how the house was got. It was rented, they call it safe house. Every key personnel of government do stay in safe houses and it was actually rented and furnished by them. I didn’t know when my rent will expire. I was actually comfortable in Karu if not for the pressure from people in authority that I must relocate or they will deal with me”, was the reply Magu could provide in defence.

Isah Hamman Misau representing Bauchi South on the platform of the APC asked why the commission was yet to make further arrests of officials at the Central Bank of Nigeria, CBN and Nigeria National Petroleum Corporation, NNPC. According to him, the exoneration of some officials from the ongoing investigations involving the former NSA and former Petroleum Minister, Diezani Alison-Madueke, both who served under President Jonathan, was reflective of a skewed anti-corruption fight by the commission.

Misau in his inquiry, wanted to know why certain officials of some agencies have not been invited while there are huge cases against some supervisory heads.  “I want to make reference to Dasuki’s detention over $2.1bn. We heard he received money from the Central Bank without due process. How come nobody in CBN, who was the approving authority, has been detained? “Also, it was reported that so much was recovered from Diezani, how come nobody from the NNPC has been detained by EFCC in connection with this?”

In his response, Magu however explained that in view of the ongoing investigations into the $2.1 billion arms deal involving the former NSA, ”invitations have been extended to suspects within the apex bank and it is not information to be disclosed publicly”. On alleged human rights abuses by the commission, Magu said: “The EFCC does not arrest, we conduct preliminary investigations before inviting a suspect. This helps us do away with abuse of human rights as we apply to the court for a warrant to detain a suspect beyond the period of 48 hours. “During investigations, the commission may stumble across information that may require that they reappear. If you allow them go too early, it may jeopardize investigations. So, we don’t just invite and detain a suspect without preliminary investigations. I was once detained while investigations were going on, so that’s how it works.”

However, in all of this cross questioning, Senator Ali Ndume has kicked against the decision of the Senate not to clear Magu, alleging double standard.

Senator Ali Ndume who was the immediate past Senate Leader and the Senator representing Magu’s constituency in Borno state, protested and faulted the Senate President, alleging double standards.

According to Senator Ndume, none of the two letters written by the DSS to the Clerk of the Senate and Senior Special Assistant on National Assembly Matters (Senate) was addressed to the Senate President or signed by the Director-General of the Agency.

“Mr. President, the decision has been taken and I have no business with that. But my right as a senator to reflect and to state that ab initio, the issue of letter from DSS has been read. I have two letters here. One is addressed to the clerk, and one is addressed to the National Assembly SSA.

“Yesterday, we got a letter from the Customs, signed by an Assistant Director to the Clerk. We said that was not the right thing to do. This letter, if it’s worth it, should have been written and signed by the D-G of DSS. By the wishes of God and nature of democracy, majority will have its way and minority its say”.

The Senate President in his response stated that, the Senate as a body did not err.

“Distinguished Senator Ndume, that was why I recognized you to speak and that was why it was important that the Clerk referred the issues. If there were two letters written to the Clerk, I will totally agree with what you are saying. One letter was written to the Clerk, one letter was written to the Adviser to the National Assembly. Yesterday, the same agency referred to one of the letters. But as you rightly said this is a matter that we have ruled about. And I think it is important for us; we should not rubbish an institution for the process of a process. We are not here for individuals. So, you are ruled out of order.”

Senate President Saraki in his conclusion said; “Let me first of all thank all of you on your contribution on this matter and the way the matter was carried in an open and transparent manner. What we are seeing here is democracy at work. I believe that what we have done on our own part, we have followed the constitution and due process. And we hope that the Executive will quickly act and bring in a new name as soon as possible so that the activities of the agency are not deterred”.

Chief Mike Ozekhome, SAN, has however hailed the outcome of the Senate saying; “Going by sections 2(1) and 2(3) of the EFCC Act, he (Magu) ceases to be the Executive Chairman of the commission.

“Having left his “acting” position during his proposal to the Senate, he also loses his “acting” capacity. It is simply a bad case. The Senate is the only repository of confirmatory powers of the EFCC Chairman. And it has spoken. That is the beauty of the doctrine of separation of powers between the three Arms of government; the Executive, the legislature and the judiciary, as ably propounded by Baron De Montesque in 1748”.

The following are the opinions of legal experts of the available options that are open to the President.

“The rejection of the nomination of Mr. Ibrahim Magu as the Chairman of the Economic and Financial Crimes Commission (EFCC) by the Senate on the basis of a security report compiled by the State Security Service is the height of official ridicule of the office of the President” says Mr. Femi Falana.

“It is high time the State Security Service was restrained by President Buhari from sabotaging the fight against corruption by the federal government. With respect to the Senate the confirmation hearing hurriedly conducted today (yesterday) is illegal in every material particular. The participation of many senators who are either under investigation or being prosecuted by the EFCC has vitiated the entire proceedings of the Senate on ground of conflict of interest. It is also a contravention of the Rules of the Senate which stipulates that matters which are subjudice shall not be discussed by the Senate”.

“However, notwithstanding the rejection of the nomination of Mr. Magu by the Senate, the options open to President are clear and straight forward. They are as follows: Mr. Magu’s nomination may be re-presented to the Senate if and when the Federal Government decides to put its house in order. Alternatively, the President may allow Mr. Magu to remain the Acting Chairman of the EFCC since he was appointed in that capacity pursuant to section 171 of the Constitution”.

“But if the President is not satisfied with Mr. Magu’s performance he is at liberty to appoint another person whose nomination will be forwarded to the Senate in accordance with section 2 (3) of the EFCC Act, 2004”.

The DSS report against Magu The DSS 14- point report reads in part: “However, investigation on the Chairmanship nominee, MAGU Ibrahim Mustapha, revealed that in August 2008, following a search at his residence during the tenure of Farida WAZIRI (AIG/Rtd) as the Commission’s Chairman, some sensitive EFCC documents which were not supposed to be at his disposal, were discovered. He was subsequently redeployed to the police after days of detention and later suspended from the Force. In December 2010, the Police Service Commission found Magu guilty of “Action prejudicial to state security, withholding of EFCC files, sabotage, unauthorized removal of EFCC files and acts unbecoming of a Police officer,” and awarded him severe reprimand as punishment. “Notwithstanding, sequel to the appointment of Ibrahim Lamorde as Chairman of the EFCC in 2011, he made the return of Magu to the EFCC a top priority. Both men had worked together at the Commission when Lamorde served as Head of Operations of the agency. Magu remained a top official of the Commission until he was appointed to succeed Lamorde. “Magu is currently occupying a residence rented for N40m, at N20m per annum. This accommodation was not paid for from the Commission’s finances but by one Umar Mohammed (Air Commodore-Rtd); a questionable businessman and ally of subject who has subsequently been arrested by this service. For the furnishing of the residence, Mohammed enlisted the Federal Capital Development Authority to award a contract to Africa Energy, a company owned by the same Mohammed to lavishly furnish the residence at the cost of N43m.

“Investigations show that the Acting EFCC Chairman regularly embarks on official and private trips through a private carrier, Easyjet, owned by Mohammed. On one of such trips, Magu flew to Maiduguri, alongside the MD of a bank, who was being investigated by the commission over complicity in funds allegedly stolen by the immediate past Petroleum Minister, Diezani Alison-Madueke”.

“Furthermore, the EFCC boss has so far maintained a high-profile lifestyle. This is exemplified by his preference for first class air travels. On 24th June, 2016, he flew Emirate Airlines first class to Saudi Arabia to perform the Lesser Hajj at the cost of N2, 990,196:00. This is in spite of Mr. President’s directive to all public servants to fly economy class”.

“Investigation also revealed that Magu parades a twin personality. At one level, he is the czar who has no friends, no favourites and is ready to fight corruption to a standstill. However, with a key friend in the person of Umar Mohammed (Air Commodore/Rtd), a controversial businessman, he has betrayed the confidence reposed in him by the present administration. Whereas Magu portrays himself as very secretive, he has fostered a mutually beneficial relationship with Mohammed who, by his confession, approaches “clients” for possible exploitation, favours and associated returns. This was facilitated with official secrets divulged by Magu and from which dealings he is believed to have been drawing considerable benefits. “This was evidenced by the number of official and classified documents he made available to his associates, especially Mohammed. After a search of Mohammed’s premises, a forged letter of the Office of the Vice President, dated 20th May, 2016, was recovered. The letter was a fictitious investigation report from Vice President to Mr. President, requesting for approval to commence further probe into a matter allegedly involving Hon. Minister of State, Petroleum. Attached to the letter were two EFCC letters dated 13th April, 2016, and another 24th March, 2016, addressed to the Vice President being investigation reports on the activities of Emmanuel Kachikwu and his brother Dumebi Kachikwu. Similarly recovered during the search were information on assets and personal details of Kachikwu.

“Also, following the arrest of three former Air Force chiefs by EFCC, namely, Alex Badeh, Umar and Amosu from whom huge sums of money and property were recovered Umar and Alex Badeh were arraigned in court. It was only after the arrest of Mohammed by this service that the EFCC hurriedly arraigned Amosu. Mohammed later confessed that he never wanted Amosu tried, describing him as his former boss and he saw in MAGU, a willing accomplice.

“Furthermore, findings revealed that in a bid to settle some personal scores, subject placed one Stanley Inye Lawson on a Security Watch Action, while in actual fact Lawson was working in the interest of the Federal Government. However, the action was later expunged following the discovery that Lawson was falsely accused by Magu for personal reasons.

“The circumstances surrounding Magu’s return to EFCC at the instance of the former chairman, Lamorde, and their close working relationship ever since is a clear indication of his culpability in the allegations of corrupt tendencies of the Lamorde-led EFCC.

“To cover his tracks, Magu uses only his police cronies to execute operations. This, coupled with discoveries that such police cronies have acquired a lot of landed property, lends credence to the questions about his integrity”.

“In the light of the foregoing, Magu has failed the integrity test and will eventually constitute a liability to the anti-corruption drive of the present administration”, the DSS report concluded.