Ibrahim Magu
The
alleged illegality of Mr. Magu's occupation of the post of EFCC boss
has reared its ugly head again with a lawyer challenging his stay in
court.
Fresh move to unseat the acting Chairman of the Economic and
Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, has begun before
the Federal High Court in Abuja.
An Abuja-based legal practitioner, Wale Balogun, has dragged the
Federal Government before the court challenging the decision to retain
Magu after he was rejected twice by the Senate.
In the originating summons dated August 25th, President Muhammadu
Buhari, the Attorney General of the Federation, the Senate, EFCC and
Magu were listed as 1st to 5th defendants respectively.
The plaintiff asked the court to hold that the appointment of the
chairman of EFCC is mandatorily subject to the confirmation of the
Senate by virtue of Section 2(3) of the EFCC Act.
Balogun also asked the court to hold that EFCC is a statutory body
established by the EFCC Act and its composition, including the
appointment of its chairman, is governed, circumscribed and regulated by
the enabling Act.
He further asked the court to declare that Magu, having been
rejected twice by the Senate, cannot continue to act and function as the
acting chairman of EFCC.
Balogun also asked the court to declare that Section 2(3) of the
EFCC (Establishment) Act is not inconsistent with Sections 153, 154 and
171 of the Constitution of the Federal Republic of Nigeria 1999 (As
Amended).
He asked the court to restrain Magu from further acting and or
continue to perform the functions of the chairman of the EFCC in acting
capacity pending his confirmation by the Senate.
The lawyer asked the court to determine whether by virtue of
Section 2(3) of the EFCC (Establishment) Act which establishes the
office of the EFCC chairman, as the chief executive and accounting
officer of the commission, whether the appointment of the chairman of
the Commission is not subject to confirmation by the Senate having
regards to the provisions of Sections 153, 154 and 171 of the
constitution.
He also wants the court to determine whether EFCC is a statutory
body that its composition, including the appointment of its chairman, is
governed, circumscribed and regulated by its enabling Act or an
extra-ministerial department which is governed and regulated by Section
171 of the constitution;
He submitted that if the answer to questions 1 and 2 is in the
positive, he seeks determination on: Whether Magu has the power to
lawfully continue to be and or operate as acting chairman of the EFCC
indefinitely without confirmation by the Senate;
Whether it is lawful and constitutional for Magu to continue to act
and or carry on the functions of the chairman of the EFCC in acting
capacity indefinitely, having been rejected two times by the Senate; and
Whether Section 2(3) of the EFCC (Establishment) Act is in conflict and
or inconsistent with Sections 153, 154, S.171 of the Constitution.
The matter is yet to be assigned for hearing.
Source: New Telegraph
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