The Constitution is very clear on matters needing Senate’s confirmation. The president has the prerogative to nominate whoever he feels as long as they meet the criteria. Senate also has powers to confirm them based on its own criteria. So if the senate rejects somebody’s appointment, it is within their powers to do so and there is nothing anybody can do about it. However the president can renominate the same person again and the senate can also reject him and it continues over and over.- Yusuf Ali (SAN)
Since the Senate has rejected him it is now left for the president to nominate another person. There is no constitutional implication. The Senate has the powers for confirmation of certain categories of appointees. Once they reject any, there is nothing any one can do about that. The president has to nominate another person; if he chooses to re-nominate the same person, all good.- Paul Erokoro (SAN)
The implication is that he is not a substantive chairman of the EFCC. That is all. I have seen a situation where an acting chairman or director general remained in that capacity from the administration of Yar’Adua to Buhari.- Emeka Ngige (SAN)