Magu’s non-confirmation grounds EFCC

 We‘re working, says spokesman

By Chizoba Ogbeche
Abuja

There are indications that most activities at the Economic and Financial Crimes Commission (EFCC) may have been grounded following uncertainty over the confirmation of the acting Chairman, Ibrahim Magu.
Blueprint also learnt that release of funds for operational activities were not forthcoming and sometimes delayed, thereby hindering the work of investigators and prosecutors.
The Senate, had on December 14, 2016, declined confirming Magu as substantive chairman of the anti-graft body, allegedly based on a security report by the Department of State Services (DSS).
The rejection has sparked verbal backlash from proponents of Magu’s confirmation, in view of what they believed he has achieved even in acting capacity.
Magu was appointed in acting capacity on November 9, 2015 by President Muhammadu Buhari, following the sack of Ibrahim Lamorde who assumed office on November 28, 2011.

A source at the commission told Blueprint in confidence that “there has been a lull in the activities of the anti-graft body regarding pursuing fresh cases.
“In fact, as I talk to you, the prospect of legal loopholes being exploited and used against the agency by suspects in fresh cases is real.
“That is why it will not be out of place for the commission to soft pedal on fresh cases pending the resolution of cases regarding the legality or otherwise of the acting chairman’s continued stay in office.
“Let me also add here that the commission appears to be sharply divided among those for and against the continued stay of Magu in office.

“Some are of the opinion that the acting chairman’s stay in office has been signposted by much controversy with the EFCC being presented in negative light, especially as it concerns statements credited to Magu regarding adherence to the rule of law.
“For this group, it would best serve the interest of the commission and the anti-graft crusade to replace him with somebody with sound knowledge of law and due process and without credibility issues”.
“Another staff of the agency who also did not want his name in print said, the rejection of the acting chairman may be a blessing in disguise for the EFCC as it may be an opportunity not only to replace the leadership but a complete overhaul of the commission.
“The negative reputation of partisanship, corruption, disregard for the rule of law and abuse of human rights would be better tackled if Magu is replaced with somebody outside the system,” added our source.

Contrary to this position, however, or reporter gathered that those in support of the EFCC boss, are of the view that he deserves to be confirmed, giving his feat as acting head of the agency.
“Look, beyond the difficulty in sourcing funds for operations, the rejection of Magu by the Senate has seriously demoralised most of the staff. Giving the commitment of the Buhari administration to the anti-corruption crusade, the operatives are going out of their way to actualise this task and have taken it for granted that they would be protected.
“I must tell you that the rejection of Magu by the Senate is a disappointment to us at this commission. We are particularly worried about the president’s complaisance towards the Senate rather than stand with the commission’s boss who has put everything on the line to ensure the success of the anti-corruption crusade,” volunteered another source.

The Senate had relied on a 14-paragraph confidential report which claimed that Magu failed the integrity test and that if confirmed, he could eventually constitute a liability to the anti-corruption drive of the administration.
The upper chamber, however, gave approval for the screening of four other members of the EFCC board whose names were sent alongside Magu.
The report alleged, among others that the acting chairman is occupying a N20milion per year accommodation, allegedly rented for him by someone under the agency’s probe, lives a flamboyant lifestyle and flouted the president’s order against public officers by flying first class when he went on pilgrimage.
To his proponents, the Senate’s refusal to confirm him, had more to do with the supremacy battle between the commission and the DSS, strained relationship between the EFCC and the Ministry of Justice, and the investigation of Toyin Saraki, wife of the Senate President, among others.

Already, Senator Ali Ndume, who hails from Magu’s home state of Borno, was recently sacked as Senate Majority Leader, a development believed to be a fall-out of the behind-the-scene intrigues that have continued to play out following the lawmakers’ refusal to confirm the commission’s chairman.
While the Presidency is yet to speak on the development, legal practitioners appear divided on the matter.
For a Second Republic politician and lawyer, Chief Guy Ikokwu, the Senate has the right to reject Magu’s nomination, adding that the anti-graft agency boss would have to leave the post.
Similarly, a rights activist and lawyer, Ebun-Olu Adegboruwa, believed the EFCC cannot arrest Nigerians, file court cases if Magu remains in office.
Adegboruwa, who faulted the argument that Magu can continue in acting capacity despite being rejected by the Senate, said the anti-graft agency was too sensitive to be headed by a rejected candidate.

And true to Adegboruwa’s take on the Magu situation, Blueprint can authoritatively report that the agency and its agents are at a crossroad as to how to proceed, especially as it concerns on-going investigations.
When contacted, the commission’s Head, Media and Publicity, Mr Wilson Uwujaren, who offered to take Blueprint correspondent on a tour of the commission while the operatives were at work, said: “work is going on; there is nothing that has changed.
“The commission is not affected operationally by whatever is going on around the confirmation and non-confirmation of the acting chairman. Investigations are progressing as usual. Suspects are still being questioned and arrested.”

According to him, “cases are still being charged to court, on-going cases are still being prosecuted by our lawyers. To crown it all, last week after many years of trial, the commission recorded major conviction in the oil subsidy fraud trial. We are waiting for sentencing of the convicts.
“The acting chairman is committed to his work; nothing has changed as far as he is concerned. Nothing has changed in EFCC, the commission remains committed to its mandate. So, those who are expressing despondency are expressing imagination of their minds.”