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By Lukman Olabiyi
Leegal practitioner and rights activist, Ebun-Olu Adegboruwa, has approached Lagos State Division of the Federal High Court to restrain Ibrahim Magu, from further parading himself as acting Chairman of the Economic and Financial Crimes Commission (EFCC).
Adegboruwa, in the suit filed before the court, joined the Senate, the Attorney-General of the Federation, Shehu Malami, the EFCC and Magu, as respondents.
The rights activist is also asking the court to direct Senate not to entertain any further request for Magu’s confirmation since “he has so far defied and rubbished an earlier decision of the Senate of December 15, 2016, wherein the Senate declined to confirm his nomination as chairman of EFCC.”
The suit was supported with a 39-paragraph affidavit he deposed to where he traced the appointment of Magu back to November 9, 2015, and contended that he has been functioning in an acting capacity as EFCC chairman, beyond the six months allowed by law.
He also contended in the suit that, since Senate has rejected Magu as substantive EFCC chairman, he should not, thereafter, function as acting chairman and cited section 2 (3) of the EFCC Act, which stipulates confirmation by the Senate as a condition precedent to the appointment of the EFCC chairman
Adegboruwa noted that since President Muhammadu Buhari activated section 2 (3) of the EFCC Act by forwarding Magu’s nomination to the Senate, he cannot defy the decision of the Senate which rejected him for the substantive appointment and subsequently attached the chamber’s Votes and Proceedings of December 15, 2016 as evidence.
The Lagos-based lawyer 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.
He prayed the court to restrain the federal government, the EFCC and all other authorities, from recognising, treating or in any other manner dealing with Magu as EFCC Chairman, either in acting or substantive capacity.
Besides, he also sought for a declaration that Magu is not a fit and proper person to function in office as EFCC chairman. 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.
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.
