by Alexander O. Onukwue

The Minister of Power, Works and Housing, Babatunde Fashola (SAN) was going to approach the courts for an interpretation of the legislature’s powers to alter estimates in the budget as made by the Executive. Fashola’s push was within the same period when it was being debated that Magu did not require legislative consent to wear the full cap and feather of the EFCC chairmanship.

As it happened, Fashola ‘apologised’ to the Senators and so that initial matter is closed, but the second remains open and has given impetus to a new stand-off.

The Senate prevailed on the new officials of the ICPC, CCB and PenCom not to report to duty, against the directive of the Presidency. That is the kind of scenario that can play out in a democracy and to an extent, it should be greeted as an encouragement to the institution of democracy.

However, it does not seat nicely for a Presidency in the long run, to appear rudderless and undermined by the legislature and by the persons it appoints to positions of authority. In the Magu instance, the Presidency has ignored the double rejection of his nomination and have kept him on as Acting Chairman. Perhaps not trusting that Aso Rock will obey if they are disqualified after resuming in Acting roles, the Senate has prevented the new officials from beginning in the role at all, a blockade that goes against the ability of the Executive to rightly do so.

In the interest of progress and clarity, it would appear proper that the game of might is put aside and a precise structure and process for appointments is defined by the courts. Given its present position as the undermined, it should be natural that the Executive takes up the burden of filing the suit.

Editor