ISSUES IN THE NIGERIAN SENATE’S CONFIRMATION OF PRESIDENTIAL APPONTMENTS: THE CASE OF THE EFCC CHAIRMAN

Abstract

Under the Nigerian constitutional democracy, the Constitution and certain legislations require that some appointments made by the President at the Federal level be confirmed by the Senate while some made by the Governors at the state level be confirmed by the respective Houses of Assembly. Confirmation by the Senate of appointments made by the President has happened and religiously observed with regards to the EFCC chairmen appointments since its inception in 2003 till 2015 when this became an issue between the President and the Senate. The issue in question is as to whether this is a mandatory constitutional requirement or a mere conventional practice? This work unravels this issue using the doctrinal method by reviewing relevant laws and literatures. Upon providing the rationale for legislative confirmation of Presidential appointments, examining the possible sanctions for want of confirmation where constitutionally required and considering the option of litigation in the circumstance of the present stalemate being experienced over the EFCC chairmanship non-confirmation by the Senate, the work draws it conclusion and offers some recommendations.