Constitutional lawyer, Mike Ozekhome, SAN, warned Professor Osinbajo of possible impeachment over his stand on Magu, stressing that his continued retention as acting chairman of the EFCC constituted “gross misconduct” as spelt out in the laws of the land. He said:
“It is an impeachable offence for the Acting President to continue to retain Magu in office as Acting Chairman, as it amounts to “gross misconduct” as defined by section 143 of the 1999 Constitution. This is because of a deliberate breach of the Constitution, or violation of extant laws, is an impeachable offence.”
Explaining further, he said: “The provisions of section 2(3) of the EFCC (Establishment) Act 2004 are all too very clear and straightforward to admit of any ambiguity. They simply provide that the President shall appoint the EFCC chairman subject to confirmation by the Senate.
“This simply means the EFCC chairman cannot act in office without approval by the Senate. It becomes patently illegal and unconstitutional for Magu to continue to be brazenly retained in office, in spite of the hallowed doctrine of separation of powers and checks and balances provided for in sections 4, 5, 6 of the 1999 Constitution