Prof. Sagay

The Chairman, Presidential Advisory Committee Against Corruption (PACAC), Prof. Itse Sagay has said that going by section 5 (1) of the 1999 Nigerian Constitution, any minister who openly disagrees with Acting president Yemi Osinbajo, risks being dismissed for insubordination.

Sagay who stated this in a statement on Thursday, berated the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN) for taking a different stance with the Acting President over the Senate’s  refusal to confirm Ibrahim Magu as substantive Chairman of the Economic and Financial Crimes Commission (EFCC).

Malami, while briefing State House correspondents after the weekly FEC meeting on Wednesday, had said that Osinbajo did not consult with the Federal Executive Council before saying that the Executive did not need the Senate’s confirmation for Magu to function, even as President Buhari’s Senior Special Assistant on Media and Publicity, Garba Shehu described Osinbajo’s comment as a “personal opinion” and not that of the body of ministers.

The PACAC Chairman also said Malami was out of order because the constitution states clearly that the decision or opinion of the President or Acting President was final and could not be contested by the minister who has however alleged that his statements concerning Osinbajo’s comment was unfortunately distorted by the media.

He argued that the ministers and the FEC had no executive authority outside what was granted them by the President or Acting President, who according to the Kaduna State Governor, Nasir El-Rufai, have decided to retain Magu as head of the EFCC.

El-Rufai, who represented the Acting President at the inauguration of the Kaduna office of the EFCC, quoted Osibanjo as saying that Magu would not be removed as head of the anti-graft agency as long as the President Buhari-led administration remains in power.

“I had a discussion with the President on the Magu issue. He said he has every confidence in the work that the commission, led by Magu is doing, and as long as he is the President, Magu remains the Chairman of the EFCC,” El-Rufai said.

“For those who believe that Magu is their nightmare, he will remain there for the next two years. I spoke with the Acting President last night (Wednesday) and he affirmed what the President said,” he added.