Contrary to the argument advanced by the Federal Government that the appointment of the substantive Chairman of the EFCC does not require confirmation by the Senate, the Attorney-General of the Federation, Abubakar Malami, SAN, has told the Federal High Court, Abuja that the approval of the Senate is needed before Magu could become substantive Chairman of the EFCC.
The opposing position of the Attorney-General is contained in the brief of argument he filed in the suit brought against Ibrahim Mustapha Magu by a Constitutional Lawyer, Barr. JOHNMARY CHUKWUKASI JIDEOBI.
In the Originating Summons, the Lawyer sought for the following orders;
. A SOLEMN DECLARATION OF THIS HONOURABLE COURT, 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.
2. A SOLEMN DECLARATION OF THIS HONOURABLE COURT, 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.
3. A SOLEMN DECLARATION OF THIS HONOURABLE COURT, 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.
4. A SOLEMN DECLARATION OF THIS HONOURABLE COURT, 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.
5. 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.
6.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.
7. 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.
8.ANY OTHER ORDER OR ORDERS as this Honourable Court may deem fit to grant in the entire circumstances.
In accepting that the Senate has the powers to confirm the appointment of the EFCC Chairman, the AGF submitted at paragraph 4.16 of his Written Address in the suit “My Lord, the President appointed the 4th Defendant as acting head of the 3rd Defendant Office and the confirmation of the Senate is not needed to give effect to that, the only time this section will be breached is if and when the President decides to go ahead without the approval of the Senate to make the 4th Defendant the substantive Chairman of the 3rd Defendant." The matter is fixed for hearing tomorrow by Justice Quadri of Court 10, Federal High Court, Abuja.

waiting

This buharis administration has come to turn everything upsidedown.

Some lawyers like falana claimed he can be the efcc chairman without the confirmation of the senate but still went ahead to present him to the senate. Where they expecting the senate to rubber stamp him.

The only problem is that in Nigeria nothing seems as straight forward as it should be because magu seems to be after some of them so they would do everything to frustrate him.

Nigeria needs to be renegotiated as to how we can remain one. If not .....

SUMMARY For those that don't have the patience to read.

1. Barrister Jideobi Johnmary filed a suit before the FHC (Abj) asking the Judge to declare Ibrahim Magu as illegal agChair of EFCC.

2. AGF Malami in his position agreed that Senate confirmation is needed to make Magu substantive EFCC boss but it is not needed to make Magu function as acting boss of EFCC, saying that such power is exclusively that of the President.

Interesting

Magu

TonyeBarcanista:
SUMMARY For those that don't have the patience to read.

1. Barrister Jideobi Johnmary filed a suit before the FHC (Abj) asking the Judge to declare Ibrahim Magu as illegal agChair of EFCC.

2. AGF Malami in his position agreed that Senate confirmation is needed to make Magu substantive EFCC boss but it is not needed to make Magu function as acting boss of EFCC, saying that such power is exclusively that of the President.

tnx for this summary,tired of all this section this section that

The type of illegal appointment in this APC government is enumerable

following

APC have set all the records as regards all manners of illegality.You can't use corruption to fight corruption.