Falana said that the decision not to consider Magu for the position was taken by a section of the Senate and not the whole house thus, it is null and void.
He said “Section 2 (3) of the EFCC. act 2004 provides that “The chairman and members of the Commission other than ex-officious members shall be appointed by the President subject to the confirmation of the Senate.”
“Since it was the executive session of the Senate that took the decision not to confirm Mr. Magu, the Senate has not taken a decision on the matter. In the entire history of the Senate an executive session or Committee of the Senate has never been allowed to usurp the statutory power of the Senate with respect to the confirmation of nominees of the President of the Republic
“The announcement credited to the Bukola Saraki-led is that Mr. Magu’s confirmation could not be considered based on a security report. The purported security report was not presented on the floor of the Senate. To that extent the refusal of the executive session of the Senate to circulate the report and allow the Senate to take a decision is an insult on the integrity of the entire Senate.
“Since the said report was prepared by the management of the State Security Service it is crystal clear that the refusal of the Senate to consider the nomination of Mr. Magu is a confirmation that the forces of corruption have decided to rubbish the anti-corruption crusade of the Buhari administration. The President owes the nation a duty to flush out all the well known corrupt elements in the government and their cronies without any further delay.”