BY; IYOKPO J. EGBODO, Abuja
The House of Representatives has urged President Muhammadu Buhari to seek interpretation of the Supreme Court on the conflicting provisions of the Constitution, and the Act establishing the Economic and Financial Crimes Commission (EFCC), on confirmation of appointees by the Senate.
Expressing concerns over comments credited to the Vice President, Prof. Yemi Osinbanjo to the effect that the appointment of Chairman of the EFCC need not be confirmed by the Senate in line with section 171 of the 1999 Constitution (as emended), the House warmed that the executive should “refrain from making statements that connote the usurpation of the powers of the judiciary, with their negative effects on the doctrine of separation of power”.
In a motion on the need to prevent erosion of the Doctrine of Separation of Power, Minority Leader of the House, Hon. Leo Ogor said that the clear provision of Section 2 (3) of the EFCC Act, the chairman of the anti-corruption agency shall be nominated by the President subject to the confirmation of the Senate.
He also argued that the EFCC Act is is an Act of the National Assembly, it can only be set aside by a court of competent jurisdiction, and until that happens, the law remains in force and binding on all persons and authorities in the country, stressing that the executive arm has not filed any proceeding in any court to challenge the provision of Section 2 (3) of the EFCC Act.
According to the lawmaker, under the doctrine of separation of powers, the interpretation of the constitution and Acts of parliament was the sole responsibility of the judiciary and not that of any person or official of the other arms of government.
