Martin Onoja Of The Guardian Wrote! By kayode olagesin



And so before more fastidious lawyers go to court on the status of the indispensable Magu, in the circumstances, we need to challenge the NBA and Law teachers to organize colloquia that can deepen our understanding of why the senate should not be needed for any presidential appointments, thanks to the all-purpose section 171 of the 1999 constitution. 

They need to tell us about sanctity of the grundnorm’s awesome Section 171 of the 1999 Constitution, which allows the appointment of heads of extra-ministerial agencies without the Senate’s approval.

We the people need to know how the organic law’s Section 171, which gives the President power to appoint and dismiss persons to the offices therein specified, i.e, Secretary to the Government of the Federation, Head of Service, Ambassadors/High Commissioners, Permanent Secretaries, heads of extra-ministerial departments and, personal staff of the President, nullifies EFCC’s enabling law.

Certainly, in this age that knowledge governs, we should understand beyond the arguments of only lawyers Femi Falana, Mike Ozekhome and Itse Sagay why the Chairman of the EFCC, created two years after the promulgation of the 1999 Constitution, is one of the offices the now ambiguous section deals with. 

The lawyers’ views do not have jurisprudential significance yet since they are not a court’s ruling. We should know if the EFCC is an extra-ministerial department, (EMD). Can Section 171 of the 1999 Constitution override Section 2 (3) of the EFCC Act so simply?

What does the interpretation section of the Constitution say about this seemingly‘equivocal’ Section 171 of the 1999 constitution, which lawyers have used to confuse Nigeria’s presidency that has been threatening to go to court since March this year? More questions for Law teachers and NBA members before the president’s men go to court. 

Does a technical term, “extra-ministerial department” cover all agencies of governments and statutory agencies or Corporations and Commissions established by law?
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