Magu to Vacate EFCC Chair Tomorrow as Court set to Sack him, as Attorney-General, Malami makes a U-Turn



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 debunked the assertion by both the Acting President and Chief Femi Falana.
The opposing position of the Attorney-General is contained in the brief of argument he filed in the suit filed against the 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.
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. 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.
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.
13. 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 set for hearing tomorrow by the Justice Quadri of Court 10, Federal High Court Abuja.


Magu to Vacate EFCC Chair Tomorrow as Court set to Sack him, as Attorney-General, Malami makes a U-Turn Magu to Vacate EFCC Chair Tomorrow as Court set to Sack him, as Attorney-General, Malami makes a U-Turn Reviewed by David Brunt on Monday, May 29, 2017 Rating: 5

No comments: