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
Reviewed by Unknown
on
Monday, May 29, 2017
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