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A Federal High Court in Lagos yesterday ordered that processes in the
case filed by Lagos lawyer, Ebun-Olu Adegboruwa, challenging the
continued stay of Ibrahim Magu in office as the chairman of the Economic
and Financial Crimes Commission (EFCC) be served on the defendants.
trial judge, Justice Mojisola Olatoregun, made the order to enable the
defendants filed their defence when the case comes up for hearing on
Adegboruwa is also asking the court to order the
Senate not to entertain any further request for the confirmation of Magu
as Chairman of the EFCC since he has so far defied and rubbished the
earlier decision of the Senate of December 15, 2016, wherein the Senate
declined to confirm his nomination as Chairman of EFCC.
The defendants in the suit are the Senate, the Attorney-General of the Federation, the EFCC and Ibrahim Magu.
the resumed hearing of the matter on Monday, although Adegboruwa was
present in court, there were no representatives for the defendants.
a 39 paragraphs affidavit deposed to by Adegboruwa, he traced the
appointment of Magu back to Nov. 9, 2015, contending that he had been
functioning in acting capacity as EFCC Chairman, beyond the six months
allowed by law.
Adegboruwa contended in his suit that since the
Senate had rejected Magu as substantive chairman of EFCC, he could not
thereafter be illegally functioning in acting capacity.
the provisions of section 2 (3) of the EFCC Act, Adegboruwa argued that
the section makes confirmation by the Senate, a condition precedent to
the appointment of the EFCC chairman.
He argued that since the
provision of section 2 (3) of the EFCC Act was activated by forwarding
the nomination of Magu to the Senate, he could not defy the decision of
the Senate, which rejected him for the substantive appointment.
stated that notwithstanding the clear decision of the Senate not to
confirm Magu, he has continued to parade himself in office as EFCC
He said that example of such act was when he met with
representatives of the United States Embassy on Jan. 6, 2017, clearly
defying the decision of the Senate.
Adegboruwa is therefore,
asking the court to restrain the EFCC and all other authorities, from
recognizing, treating or in any other manner, dealing with Magu as the
Chairman of EFCC, either in acting or substantive capacity.
also seeks a declaration that given his conduct in office so far, he is
not a fit and proper person to function in office as chairman of EFCC.
Adegboruwa is asking the court to give an order forthwith directing
Magu to vacate and relinquish his office as EFCC Chairman, whether in
acting or substantive capacity.
The lawyer also wants the court
to declare void, all actions taken by the EFCC under the tenure of Magu,
especially charges and information preferred in court.