Posted by From AMOS DUNIA, Abuja on
After about three weeks of political rigmarole, the Senate yesterday gave the go ahead for the screening of Mrs. Farida Waziri for the position of Chairman of the Economic and Financial Crimes Commission (EFCC) having been satisfied that she has not assumed duties after all. The clean bill of health given Waziri ends all controversy as to whether she has breached the EFCC act.
After about three weeks of political rigmarole, the Senate yesterday gave the go ahead for the screening of Mrs. Farida Waziri for the position of Chairman of the Economic and Financial Crimes Commission (EFCC) having been satisfied that she has not assumed duties after all. The clean bill of health given Waziri ends all controversy as to whether she has breached the EFCC act.
This is even as the Senate rejected the letter of the Minister of Justice and Attorney General of the Federation, Mr. Michael Aondoakaa concerning the appointment of Mrs. Waziri and requested him to withdraw it with an apology saying that the letter was not only inappropriate but unacceptable to legislative process.
The resolution of the upper House of the National Assembly followed the recommendations contained in the report of its Committee on Drugs, Narcotics, Financial Crimes and Anti-Corruption that was presented on the floor of plenary by its Chairman Senator Sola Akinyede.
While presenting the report, Senator Akinyede said that his Committee in the course of its assignment invited both the former Acting Chairman of the EFCC, Ibrahim Lamorde and Mrs. Farida Waziri to brief it on whether or not the President's nominee assumed office at the Commission.
Senator Akinyede explained that while the nominee, Mrs. Waziri confirmed receipt of a letter of appointment asking her to assume office on the 15th May 2008, she did not sign the handover note adding however that the nominee actually visited the EFCC headquarters on two occasions during which she met with the Secretary and Lamorde.
The Senate Committee Chairman further said that the Attorney General of the Federation in trying to justify the appointment of Mrs. Waziri as Acting Chairman of the EFCC relied on Section 11(1)(ii) of the Interpretation Act which states that: 'Where an enactment confers a power to appoint a person either to an office or to exercise any functions, whether for a specified period or not, the power includes-power to appoint a person to act in his place, either generally or in regard to specified functions, during such time as is considered expedient by the authority in whom the power of appointment is vested,"
He noted that strangely, the justification ignored the provisions of Section 11 (1) of the same Interpretation Act which states that the power to appoint includes 'power, exercisable in the manner and subject to the limitations and conditions (if any) applicable to the power to appoint".
Senator Akinyede however said that the limitation in the case of the EFCC Act is the fact that Section 2(3), states that the President's power of appointing a Chairman for the EFCC shall be subject to the confirmation by the Senate.