Eminent
lawyer and human rights activist, Ebun-Olu Adegboruwa, has asked the Federal
High Court, Lagos, to restrain Mr Ibrahmi 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
EFCC. The defendants in the suit are The Senate, the Attorney-General of the
Federation, the EFCC and Ibrahim Magu.
In a 39
paragraphs affidavit deposed to by Adegboruwa, he traced his history as a
student leader, a human rights activist and pro-democracy campaigner, which
credentials he stated qualified him to file the suit. The lawyer 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. It
was 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 1stDefendant,
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 3rdDefendant
by the 1st Defendant, The Senate of the Federal Republic of
Nigeria.
C. A DECLARATION, that the 2ndDefendant,
the Honourable Attorney-General of the Federation, and through him the Federal
Government of Nigeria, are bound by the decision of the 1stDefendant,
the Senate of the Federal Republic of Nigeria, rejecting the 4thDefendant,
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 4thDefendant,
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
4thDefendant, Ibrahim Magu, is not and cannot be the Acting Chairman
of the 3rd Defendant, Economic and Financial Crimes Commission.
F. A DECLARATION, that the 3rdDefendant,
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 4thDefendant, 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 4thDefendant,
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 4thDefendant, 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 4thDefendant, 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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