Presidency awaits position of Supreme Court on appointments, confirmations

The Executive arm of government on Sunday indicated that it was awaiting judicial review on the position of Presidential Powers on appointments and confirmations, as it continued sending more nominations to the National Assembly.
Though the Presidency remains resolute that certain federal appointments should not require the confirmation of the Senate based on Section 171 of the Nigerian Constitution, but the President Muhammadu Buhari administration has continued to send such appointments to the Senate pending the ultimate judicial interpretation of the matter, a legal source in the Federal Government explained late Sunday night.
This is based on a legal advisory prepared by judicial and legal experts as a working document in the Presidency regarding the differences in the constitutional interpretations on matters of certain federal appointments.
An official in the Presidency, who pleaded anonymity, said the advisory unearthed a ruling of the Supreme Court on the matter where the current Chief Justice of the Federation, before his elevation as CJN, had ruled in line with the view of the Presidency on the matter.
The legal advisory also touched on the issue of the acting chairman of Economic and Financial Crimes Commission (EFCC) and concluded that concerning the issue of the acting EFCC chairman, Ibrahim Magu, the rumblings were mostly political.
The explanations came on heels of the tussle between the Executive and the Legislature, specifically as relates to appointments and confirmation by the Senate. The Senate had said it would suspend all confirmations of appointees by the President following a statement credited to acting President Yemi Osinbajo, questioning the powers of the Senate to confirm all appointees of the President.
The official also noted that it was not accurate to say the Federal Government or the Presidency had started to act unilaterally on its own interpretation of Section 171.
“Here is the point, the Presidency believes that Section 171 is clear that certain appointments do not require Senate consent; but the Presidency is not already behaving as if its interpretation of the law has become a policy.
“The Presidency is persuaded that its interpretation is the correct one, but we are conscious and aware of the fact that only a proper judicial ruling on the matter would make it a settled policy that sits right with the rule of law. That is why we have not stopped sending all manners of nominations to the Senate, most of which the Senate has actually confirmed, even well after the Acting President spoke,” the source said.”
In fact, the conclusion of the legal advisory on the matter is very clear that a judicial pronouncement preferably by the Supreme Court is what will settle the matter.
According to that legal advisory, “the divergent positions being held by the Executive and the Legislature on the subject of confirmation … is one that requires timely and ultimate resolution. Such resolution could only be reached through judicial process …. Such interpretation would lay to rest the lingering crises between the two arms.”
Concerning the issue of the acting EFCC chairman, the legal advisory also concluded, “The rumblings in the discourse on the confirmation of the EFCC chairman have more to do with politics than with the law.”
Section 171 of the constitution quoted by the official states that “(1) Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the President. (2) The offices to which this section applies are, namely—(a) Secretary to the Government of the Federation; (b) Head of Civil Service of the Federation; (c) Ambassador, High Commissioner or other Principal Representatives of Nigeria abroad; (d) Permanent Secretary in any Ministry or Head of any Extra-Ministerial Department of Government of the Federation, howsoever designated; and (e) any office on the personal staff of the President.
(3) An appointment to the office of the Head of the Civil Service of the Federation shall not be made except from among Permanent Secretaries or equivalent rank in the civil service of the Federation or of a State. (4) An appointment to the office of Ambassador, High Commissioner or other Principal Representative of Nigeria abroad shall not have effect unless the appointment is confirmed by the Senate.
(5) In exercising his powers of appointment under this section, the President shall have regard to the federal character of Nigeria and the need to promote national unity. (6) Any appointment made pursuant to the paragraphs (a) and (e) of sub-section (2) of this section shall be at the pleasure of the President and shall cease when the President ceases to hold office: Provided that when a person has been appointed from a public service of the Federation or a State, he shall return to the public service of the Federation or of the State when the President ceases to hold office.
Elizabeth Archibong