The Court of Appeal in Abuja has ruled that Ibrahim Magu’s prolonged stay as acting Chairman of the Economic and Financial Crimes Commission (EFCC) was unlawful.
A three-member panel delivered the judgment on Monday in an appeal filed by lawyer Johnmary Jideobi, who challenged Magu’s retention in office after the Senate twice rejected his nomination as substantive EFCC Chairman.
The appeal arose from a judgment delivered by Justice Ijeoma Ojukwu of the Federal High Court, Abuja, on December 4, 2019.
Magu served as acting EFCC Chairman from 2015 until his suspension in July 2020.
Jideobi had filed the suit in March 2017, arguing that Magu could not remain indefinitely in acting capacity after the Senate rejected him.
In her 2019 judgment, Justice Ojukwu dismissed the suit, holding that Section 2(3) of the EFCC Act did not restrict the President’s power to retain Magu as acting chairman, and that there was no specific time limit for acting capacity.
She said the lacuna in the law handed former President Muhammadu Buhari the “proverbial yam and the knife to do as he pleases.”
The judge also held that Order 1(2)1 of the Senate Rules cited by the plaintiff applied only to ministerial appointees and that the plaintiff lacked locus standi.
Dissatisfied, Jideobi appealed, arguing that the EFCC Chairman has a four-year tenure, renewable once, and that Magu had exceeded the period without Senate confirmation, and that his acting appointment lapsed by operation of law after rejection.
He asked the appellate court to set aside the Federal High Court judgment and grant the reliefs in his original suit.
Respondents in the appeal were the Senate, Attorney-General of the Federation, EFCC and Magu.
