Lawyer and human rights activist, Ebun-Olu Adegboruwa, has asked the Federal High Court, Lagos, to restrain Mr Ibrahim Magu, from parading himself as the Acting Chairman of the Economic and Financial Crimes Commission, EFCC.
Adegboruwa is also asking the Senate not to entertain any further request for the confirmation of Magu as Chairman of the EFCC since he has so far defied and rubbished the earlier decision of the Senate of December 15, 2016, wherein the Senate declined to confirm his nomination as Chairman of the EFCC.
The defendants in the suit are: The Senate, the Attorney-General of the Federation, the EFCC and Ibrahim Magu
A 39 paragraphs affidavit deposed to by Adegboruwa traced the appointment of Magu back to November 9, 2015, contending that he has been functioning in acting capacity as EFCC Chairman, beyond the six months allowed by law.
It was contended in the suit that since the Senate has rejected Magu as substantive Chairman of EFCC, he could not thereafter be functioning as acting chairman, illegally, citing section 2 (3) of the EFCC Act, which makes confirmation by the Senate, a condition precedent to the appointment of the EFCC chairman.
Adegboruwa argued that since the President activated section 2 (3) of the EFCC Act by forwarding the nomination of Magu to the Senate, he could not defy the decision of the Senate, which rejected Magu for the substantive appointment. Adegboruwa attached the Votes and Proceedings of the Senate for December 15, 2016, wherein it was stated clearly in paragraph 1 thereof as follows:
“The Senate also deliberated on the screening of the nominees for the Economic and Financial Crimes Commission, (EFCC) as it relates to the Security Report on them.
“Following the Security Report on the Economic and Financial Crimes Commission (EFCC) Chairman, the Senate decided not to confirm the Chairman and communicate the same to Mr President, Commander in Chief of the Armed Forces of the Federation.
“The Senate also decided to refer the other nominees to the Anti-Corruption Committee for screening since there was no Security Report on them.”
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, such as when he met with representatives of the United States Embassy on January 6, 2017, clearly defying the decision of the Senate.
The lawyer then asked the court to restrain the Federal Government of Nigeria, the EFCC and all other authorities, from recognizing, treating or in any other manner dealing with Magu as the Chairman of EFCC, either in acting or substantive capacity.
He also sought for a declaration that given his conduct in office so far, his lifestyle and his arrogance to defy the decision of the Senate, Magu is not a fit and proper person to function in office as chairman of EFCC.
Consequently, Adegboruwa asked the court to give an order forthwith directing Magu to vacate and relinquish his office as EFCC Chairman, whether in acting or substantive capacity. The lawyer also contends in the suit that all actions taken by the EFCC under the illegal tenure of Magu, especially charges and information filed in court, are illegal, null and void.
The reliefs being sought in the suit are as follows:
“A. A DECLARATION, that under and by virtue of section 2 (3) of the Economic and Financial Crimes Commission Establishment Act 2004, the 4th Defendant, Ibrahim Magu, cannot continue to function in office as Acting Chairman of the 3rd Defendant, Economic and Financial Crimes Commission, after the decision of the 1st Defendant, The Senate of the Federal Republic of Nigeria, which rejected the nomination of the 4th Defendant as Chairman of the 3rd Defendant.
B. A DECLARATION, that the failure, omission or neglect by the 4th Defendant to vacate and relinquish his office as Acting Chairman of the 3rd Defendant, Economic and Financial Crimes Commission, after the rejection of his nomination by the 1st Defendant, has disqualified him from further consideration for confirmation as the substantive Chairman of the 3rd Defendant by the 1st Defendant, The Senate of the Federal Republic of Nigeria.
C. A DECLARATION, that the 2nd Defendant, the Honourable Attorney-General of the Federation, and through him the Federal Government of Nigeria, are bound by the decision of the 1st Defendant, the Senate of the Federal Republic of Nigeria, rejecting the 4th Defendant, Ibrahim Magu, as Chairman of the 3rd Defendant, Economic and Financial Crimes Commission and cannot continue to treat, recognize, deal with or deploy the 4th Defendant as Acting Chairman of the 3rd Defendant.
D. A DECLARATION that the 4th Defendant, Ibrahim Magu, is not a fit and proper person to lead the 3rd Defendant, Economic and Financial Crimes Commission, as its Chairman, either in its acting or substantive capacity.
E. A DECLARATION the 4th Defendant, Ibrahim Magu, is not and cannot be the Acting Chairman of the 3rd Defendant, Economic and Financial Crimes Commission.
F. A DECLARATION, that the 3rd Defendant, Economic and Financial Crimes Commission, its servants and officers are bound by the decision of the 1st Defendant, the Senate of the Federal Republic of Nigeria, rejecting the 4th Defendant, Ibrahim Magu, as Chairman of the 3rd Defendant, Economic and Financial Crimes Commission and cannot continue to treat, recognize or deal with the 4th Defendant as its Acting Chairman.
G. A DECLARATION that all actions taken by the 3rd Defendant, especially charges and information filed in various courts, during the period when the 4th Defendant, Ibrahim Magu, acted in excess of his legal term as Acting Chairman thereof, are illegal, null, void and invalid.
H. AN INJUNCTION restraining the 4th Defendant, Ibrahim Magu, whether by himself, his servants, agents or privies, or in any manner whatsoever from functioning in office as or from performing or continuing to perform the duties of or from holding himself out or parading himself as the Acting Chairman of the 3rd Defendant, Economic and Financial Crimes Commission.
I. AN INJUNCTION restraining the 3rd Economic and Financial Crimes Commission, whether by itself, its servants, officers, agents or privies, or in any manner whatsoever from holding out or parading, treating, recognizing or in any other manner dealing with the 4th Defendant, Ibrahim Magu, as its Acting Chairman.
J. AN INJUNCTION restraining the 1st Defendant, whether by itself, its respective members, its servants, agents, officers or privies from receiving, entertaining, countenancing, considering, deliberating upon or in any other manner acting upon any request, letter, application or demand for the approval, confirmation or endorsement of the 4th Defendant, Ibrahmi Magu, as Chairman of the 3rd Defendant, Economic and Financial Crimes Commission.
I. AN INJUNCTION restraining the 2nd Defendant, and through him the Federal Government of Nigeria, from holding out or parading, treating, recognizing, deploying or in any other manner dealing with the 4th Defendant, Ibrahim Magu, as Acting Chairman of the 3rd Defendant, Economic and Financial Crimes Commission.
J. AN ORDER, forthwith directing the 4th Defendant, Ibrahim Magu, to vacate, relinquish and surrender his office as Acting Chairman of the 3rd Defendant, Economic and Financial Crimes Commission.”
No date has been fixed for hearing of the suit, which was filed at the Ikoyi Registry of the Federal High Court on Monday, January 16, 2017.
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