Senate Miffed with Buhari's Nominees for Assuming Office without Confirmation
President Muhammadu Buhari
• Probe: Past govts spent N2.740tn on electricity in 16 years
Olawale Olaleye in Lagos and Omololu Ogunmade in Abuja 

Some nominees selected by President Muhammadu Buhari to head federal government agencies have incurred the wrath of the Senate for assuming office without going through the statutory Senate screening and confirmation.
The senators, THISDAY gathered, are quite angry with the situation largely considered a deliberate attempt to disrespect constituted legislative authority and have promised to make their feelings known to the nominees once they appear before them for clearance.
Some of the senators, it was further learnt, already believe that such persons have automatically disqualified themselves for acting unconstitutionally and illegally in capacities clearly defined by law.
Those who have been nominated by Buhari but are yet to be confirmed by the Senate, which has been on recess, are Mr. Babatunde Fowler, who was appointed the Executive Chairman of the Federal Inland Revenue Service (FIRS); Mr. Ahmed Kuru, who was named the new Managing Director/CEO of the Asset Management Corporation of Nigeria (AMCON); Mr. Kola Ayeye, Ms. Eberechukwu Uneze and Mr. Aminu Ismail, who were named executive directors of AMCON; and Professor Umaru Danbatta, who was nominated as the Executive Vice-Chairman of the Nigerian Communications Commission (NCC).
The laws setting up the institutions provide that their appointment by the president must be confirmed by the Senate before they can assume office.
In situating the weight of such violation of the law, Senate sources hinted yesterday that some of the appointees in this category would be asked to explain on what legal premise they had been acting or why they suddenly required Senate clearance since they had already assumed office.
The senators are said to be concerned by the violation of the laws setting up the respective agencies of the government and the constitution by Buhari’s appointees.
Particularly disturbing, according to one senator from the South-west zone who spoke on the issue, is the fact that some of the nominees have already begun to sign off on the disbursement of funds from the parastatals they are supposed to head and initiate policies, knowing full well that their actions are illegal and unconstitutional without Senate clearance.
“This is an offence and a gross breach of the constitution. Some of us are peeved by this conduct of the nominees and we may simply disqualify those acting in this manner. We consider it an abuse of the respect we have for President Buhari.
“They also know that any action taken against the respective Acts that is undermining the Senate may and will be misinterpreted to mean moving against Buhari.
“This sort of thing cannot happen in America or any other civilised democracy. President Buhari should avoid unconstitutional acts by his nominees.
“We have confirmed several nominees of past presidents who had to wait for weeks and sometimes months before they could assume office.
“Take the case of Ms. Arunma Oteh, who waited for three months, because when she was named by late President Yar’Adua to head the Securities and Exchange Commission (SEC) we were on recess and by the time we got back, she had an accident that necessitated the postponement of her screening and confirmation for several weeks.
“Yet she never took over office at SEC until she was duly confirmed by the Senate. The same was applicable to others who previously headed these same parastatals for which Buhari has announced new nominees,” said the senator who pleaded anonymity.
Meanwhile, it was revealed yesterday that N2.740 trillion was spent in the power sector by the federal government from 1999 to date, even as the Senate made a request for the audited accounts of the Ministry of Power and agencies in the Nigerian Electricity Supply Industry (NESI).
The administrations during the period were headed by former Presidents Olusegun Obasanjo, Umaru Musa Yar'Adua and Goodluck Jonathan.
The Permanent Secretary, Ministry of Power, Ambassador Godknows Igali, and Managing Director, Niger Delta Power Holding Company, James Olotu, made this known at the ongoing power sector probe by the Senate ad hoc Committee on Power.
The figures included N948 billion released to the Ministry of Power, N155 billion from subsidies and $8.3 billion (N1.6 trillion) released to the National Integrated Power Projects (NIPPs) from Excess Crude Account (ECA).
“Since 1999, the sum appropriated was N1.565 trillion and actual release was N948 billion including the value chain and all agencies.
“What was released under the Multi-year Tariff Order (MYTO) from 2009 to 2013 under subsidy was N155 billion to cushion the shock of the hike in tariffs,” lgali explained.
According to him, of the 79 generating plants that existed in Nigeria, only 19 were functional which he said generated only 1,750 megawatts (MW) at the time democracy was restored in 1999.
Prior to 1999, he also said the only investment made was for the construction of the Shiroro power plant.
“When democracy came, the government inherited a sector in which there had been no capital investment for a long time and no single engineer was recruited in 19 years.
“For over a hundred years until 2005 when the Electric Power Sector Reform Act was promulgated, power was in the hands of the government,” he explained.
Igali attributed the problem with the power sector in the country to lack of consistent investment in the sector by the federal government, saying investment in power must be consistent and gradual.
“I do know that despite government’s effort at funding power sector, the nation continues to experience epileptic power supply, however it takes time to stabilise,” he added.
Igali disclosed that in 1999 when Obasanjo took over, power generation stood at 1,750MW.
He said the capital-intensive nature of the sector had compelled the ministry to bring in the private sector, which he explained led to some marginal improvement in electricity supply.
“The funds spent on the power sector made it possible for the country to ramp up to 4,600MW from 1,750MW in 1999,” Igali told the Senate.
After listening to his presentation, the committee demanded the audited account of the ministry and records of all investments and expenditure in the sector.
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