PRESIDENT Umaru Musa Yar’Adua has replied the Senate over the appointment of Mrs. Farida Waziri, insisting that he did not breach either the Constitution or the EFCC Act by appointing the retired AIG as Acting Chairman of the Economic and Financial Crimes Commission (EFCC).
The Attorney-General of the Federation and Minister of Justice, Chief Michaael K. Aondoakaa (SAN), in the letter to the upper house, pleaded for “understanding and accommodation of the present appointment.”
Meanwhile, all operational heads from the six zones of the EFCC yesterday converged at the Lagos office of the commission to prepare for tomorrow’s handing over ceremony to the new Chairman, Mrs. Warizi.
It was gathered that the meeting was called by Mr. Ibrahim Lamorde, former acting chairman of the commission, who was, however, not present.
This may be due to his recent posting to Ningi in Bauchi State, as an Area Commander.
In Lamorde’s absence, the meeting was reportedly co-ordinated by Mohammed Wakili, a Chief Superintendent of Police, and current Deputy Director of Operations of the EFCC.
It was also learnt that the handing over ceremony will hold at the Director of Operations Conference room.
The Senate Committee on Drugs, Narcotics, Financial Crimes and Anti-Corruption Chairman had, last week, written to protest the appointment of Mrs. Waziri as Acting Chairman of the EFCC.
In a letter dated 16 May 2008, Chairman of the Committee, Senator Sola Akinyede had written to the AGF and Minister of Justice and observed: “While a person working in the Commission may be asked to act for the Chairman in his absence, there is absolutely no provision or place in the Economic and Financial Crimes Commission (Establishment) Act,2004 for the appointment of an acting Chairman.”
Besides, the Senate letter had protested that, “What the EFCC Act provides for is the appointment by the President of a CHAIRMAN, which it states SHALL be subject to confirmation by the State.”
The Attorney General had, in a response to the Senate President, David Mark dated May 21, 2008, observed that the Senate position on the presidential appointment was not correct, going by combined effects of various provisions of the 1999 Constitution, the EFCC Act, 2004 and the Interpretation Act of 2004.
The Attorney-General, who conveyed the President’s response to the Senate leadership, said he had studied the observations of the Senate and the President’s feeling is that there are three categories of presidential appointments based on the Constitution and enabling Acts; and that the appointment of a new EFCC boss falls under one of them: that the appointment can be made in acting capacity before confirmation.
The letter states, in part, that: “A careful reading of the 1999 Constitution reveals that it recognizes the primary role of the President as the repository of the executive functions of the Federation in his capacity as “Head of State, the Chief Executive of the Federation and Commander-in-Chief of the Armed Forces, vide Section 130(2).
“In that capacity, the Constitution vests in the President, powers to appoint persons into certain offices created by the Constitution or Acts of the National Assembly, as the case may be. Such constitutionally-created positions include that of Ministers of the Federal Government, as well as Chairmen and Members of Federal Commissions and Councils. In addition to these Constitutionally-created Offices, several enactments of the National Assembly make provision for presidential power of appointment to be made in respect of offices created under such Acts.
“While I do agree that the aforesaid Act does not provide expressly for the appointment of an Acting Chairman, it is our position that the business of Government must not allow for the existence of an administrative vacuum, if the objectives of the public administration are to be achieved. Government must therefore be guided by all extant laws available to it in reaching decisions for the common good.”
The AGF, however, drew the attention of the lawmakers to another aspect of the law that guided the President’s action. His words:
“In constructing the import and implications of executive action, one of the legislations to be taken into consideration is the Interpretation Act, Laws of the Federation of Nigeria 2004, which as stated in its preamble was enacted to:
… provide for the Constitution and interpretation of Acts of the National Assembly and certain other instruments; and for purposes connected therewith.
He, therefore, told the Senators: “In the circumstances, and upon an ordinary interpretation of the above, particularly Section 11(1) (c) (ii) it is obvious that the power of the President to appoint the Chairman of the EFCC ordinarily includes the power to appoint a person to act in his place.
“A common feature of the Constitution and the relevant legislative enactments is the requirement for confirmation by the National Assembly of some of the appointments which the President is authorized to make. In deciding matters such as the one under reference, therefore, there is a need to read the constitutional provisions carefully in order to determine whether a particular appointment falls into the second category where the prior consent of the Senate is mandatory, or falls into the third category where such a confirmation can only be sought after appointment has been made by the President.”
Acording to him, the Senators should take note of the fact that, “The appointment of Chairman of Economic and Financial Crimes Commission (EFCC) is another appointment that falls within the class of appointments as Chairman and members of Federal Commissions and Councils.”
The Justice Minister’s response to the Senate objection was copied to the President, the Senate Leader, the Chairman, Senate Committee on Drugs, Narcotics, Financial Crimes and Anti-corruption, the Chairman, Senate Committee on Judiciary, Human Rights and Legal Matters and the Chief of Staff to the President.
The Minister’s 9-page letter was said to have divided the Senate last week, even as it was gathered that some extraneous factors including some strange nomination of one former female AIG, Wushishi, allegedly linked to Ota and Minna, has been part of
politics rocking the Waziri confirmation.
But it was gathered at press time that she might be confirmed on Thursday this week despite some dirty politics within the Benue political leadership that does not want a former governor tried.
Mrs. Waziri, 62, who holds a Master’s degree in Law and in Strategic Studies, was appointed by President Yar’Adua two weeks ago, to head the EFCC. But the appointment has been trailed by controversy.
For instance, the Senate and the House of Representatives fault what they say is procedural breach by the Presidency.
Anti-corruption activists have slammed her for being sponsored by people believed to be high profile suspects currently under investigation by the Commission.
Mrs. Waziri reportedly stood surety for former Governor George Akume in his ongoing case of money laundering with the EFCC.
Besides, there is apparent sullen mood among staff of the Commission, many of who had reportedly bemoaned the future of the agency and of the anti-corruption war in the country.