Legal battle begins over Magu’s confirmation

In what appears to be a new dimension in the confirmation process of the Acting Chairman of the Economic and Financial Crimes Commission, Ibrahim Magu, before the Senate, a fierce legal battle is about to unfold before the Federal High Court in Abuja as two different parties are now seeking legal interpretation on the matter.
The two suits, which have been consolidated since the subject matter revolves around Magu, are now before Justice John Tsoho, while the legal fireworks will begin on February 8, 2017.
A lawyer, Oluwatosin Ojaomo, had filed a suit before the court asking it to make a declaratory order, deeming that the Senate has confirmed the appointment by President Muhammadu Buhari of Magu as the chairman of the EFCC on the grounds of the provisions of the EFCC (Establishment) Act, 2004.
In his originating summons in suit No FHC/ABJ/CS/59/17, the plaintiff is also asking Justice Tsoho to hold that the Senate does not possess the statutory power to reject the valid appointment of Magu since the action of the president is in consonance with the EFCC (Establishment) Act, 2004.
The lawyer has joined the Senate President, Dr. abubakar Bukola Saraki, and the Attorney-General of the Federation and Minister of Justice, Abubakar Malami, as co-defendants.
In his 19-paragraph affidavit, the lawyer is further urging the court to hold that Magu has been validly nominated, arguing that the Senate can only demand additional information on him in accordance with the statutory requirements as stipulated by the EFCC Act.
He is also asking the court to hold that the role of the Senate in the appointment of validly nominated EFCC Chairman in the person of Magu by Buhari is to ensure that the action is in conformity with the requirements stipulated in section 2 (1) (a) (I) (ii) (iii) of the EFCC Act.
According to the plaintiff, once this requirements are fulfilled by the President, the Senate is statute barred from rejecting a presidential appointee, insisting that no such provision is made for rejection of a presidential nominee for the office of the EFCC Chairman in the said EFCC Act.
But another party, the Incorporated Trustees of Save Nigeria Group and the Incorporated Trustees of Kingdom of Human Rights Foundation International, filed a different suit, asking the court to compel the President to nominate another person for Senate’s confirmation as the substantive Chairman of the EFCC on the grounds of Senate’s rejection of Magu on December 15, 2016.
The two groups are further asking the court in suit No FHC/ABJ/ CS/ 1072/ 16 to prohibit and restrict the President from further re-nominating Magu as the EFCC chairman, following the Senate’s rejection of his nomination.
Two lawyers, Okere Nnamdi and Marcus Saturday, have filed the matter on behalf of the groups.
The plaintiffs have also named the President, the EFCC, Magu, the Attorney- General of the Federation and the Senate as co-defendants to the suit.