Citing Order 131 of the Senate Rules, Melaye said after the rejection of Magu’s nomination, his candidacy is considered lapsed.
Order 131 of the Senate Rules states: “Nominations neither confirmed nor rejected during the session or within 21 working days in the case of Ministerial nominees shall be returned by the Clerk to the National Assembly to the President of the Federal Republic of Nigeria and shall not again be made to the Senate by the President of the Federal Republic of Nigeria.”
Melaye said: “Those suggesting to the President that after failing to scale the confirmation process twice, the President should leave Magu to be acting are only recommending violation of the law, disrespect for due process and perpetration of illegality. All these will only undermine democracy and constitutionalism in our country.
He added, "Magu is not the last messiah. He can’t be the only competent person for the job out of 170 million Nigerians. Should he voluntarily decline the appointment today, will EFCC fold up?”