Following Ibrahim Magu’s rejection as the chairman of the Economic and Financial Crimes Commission’s (EFCC), by the National Assembly and other relevant authorities, a Lagos Federal High Court led by JUSTICE Mojisola Olatoregun has fixed February 13 to hear the suit on the rejection.
According to Ceoafrica, the suit challenging the chairmanship of Ibrahim Magu, as chairman of the Economic and Financial Crimes Commission (EFCC) was filed by a human rights lawyer, Ebun-Olu Adegboruwa, on the 16th of January, 2017.
It was gathered that Ebun-Olu Adegboruwa, had urged the court to issue an order restraining Magu from parading himself as acting chairman of the commission and also asked the senate not to entertain any further request for the confirmation of Magu’s chairmanship.
However, the defendants in the suit are the Senate led by Senator Bukola Saraki, the Attorney-General of the Federation, Abubakar Malami, EFCC with Magu, and when the case was mentioned yesterday, Adegboruwa announced appearance for the plaintiff.
On the other hand, there were no representatives for the defendants, which prompted the trial judge, Justice Mojisola Olatoregun to adjourn the suit till Febuary 13 and also ordered service of processes on the defendants.
In a 39- paragraph affidavit deposed to by Adegboruwa, he traced the appointment of Magu back to November 9, 2015, contending that he had been functioning in acting capacity as EFCC chairman, beyond the six months allowed by law.
Adegboruwa contended in his suit that since the Senate had rejected Magu as substantive chairman of EFCC, he could not thereafter be illegally functioning in acting capacity.
Citing the provisions of section 2 (3) of the EFCC Act, Adegboruwa argued that the section makes confirmation by the Senate, a condition precedent to the appointment of EFCC chairman.
He argued that since the provision of section 2 (3) of the EFCC Act was activated by forwarding the nomination of Magu to the Senate, he could not defy the decision of the Senate, which rejected him for the substantive appointment.
Adegboruwa stated that notwithstanding the clear decision of the Senate not to confirm Magu, he has continued to parade himself in office as EFCC chairman.
He said that example of such act was when he met with representatives of the United States Embassy on Jan 6, 2017, clearly defying the decision of the Senate.
Adegboruwa is therefore, petitioning the court to restrain EFCC and all other authorities, from recognising, treating or in any other manner, dealing with Magu as the chairman of EFCC.
