Magu's Confirmation Stalled: lawyer Drags Him To Federal High Court, writes Senate




It is more trouble for Mr. Ibrahim Magu Mustapha, as an Abuja based Constitutional Lawyer has today dragged him to the Federal High Court seeking for his immediate removal as the Acting Chairman of the EFCC and equally seeking an order of the Court stopping the Senate from further considering his re-nomination by the President as the substantive Chairman of the Economic and Financial Crimes Commission.

Joined in the suit as Defendants are (1) The Senate of the Federal Republic of Nigeria (2) The Attorney-General of the Federation (3) The Economic and Financial Crimes Commission and (4) Mr. Ibrahim Magu Mustapha. In the Originating Summons marked: FHC/ABJ/CS/159/17, the Plaintiff, Barrister Johnmary Chukwukasi Jideobi raised one question of law for the Court to resolve to wit: 

1. Whether having regard to the provision of section 2 (3) of the Economic and Financial Crimes Commission (Establishment) Act, 2004, the rejection by the 1st Defendant herein of the appointment of the 4th Defendant herein as the Chairman of the 3rd Defendant has not ended the roles of the 4th Defendant within the 3rd Defendant herein?

Against the answer that may be given to the above question, the lawyer is seeking the following reliefs from the Court;

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 4th Defendant, 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.

5. A SOLEMN DECLARATION OF THIS HONOURABLE COURT the 4th Defendant, Ibrahim Magu, is not and cannot be the Acting Chairman of the 3rd Defendant, Economic and Financial Crimes Commission.

6. 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.

7. A SOLEMN DECLARATION HONOURABLE COURT that all actions taken by the 3rd Defendant, especially charges and information filed in various courts, during the period when the 4th Defendant, Ibrahim Magu, acted in excess of his legal term as Acting Chairman thereof, are illegal, null, void and invalid.

8. 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.

9. 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.

10. 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 4th Defendant, Ibrahmi Magu, as Chairman of the 3rd Defendant, Economic and Financial Crimes Commission.

11. 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.

12. 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.

In his letter to the Senate Clerk dated 2nd January, 2017, the Lawyer informed the of the institution of the matter thus:

"It is my humble believe that now that a Court of competent jurisdiction is siesed of this sensitive matter, the Distinguish Senate would allow itself to be persuaded by the ancient doctrines of lis pendis/ sub-judice and accordingly stay action on the said letter requesting for the re-nomination of Mr. Ibrahim Mustapha Magu pending the determination of the Originating Summons already filed against him."


No date has been fixed for the hearing of the matter.





Magu's Confirmation Stalled: lawyer Drags Him To Federal High Court, writes Senate Magu's Confirmation Stalled: lawyer Drags Him To Federal High Court, writes Senate Reviewed by David Brunt on Thursday, March 02, 2017 Rating: 5

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