Court Strikes Out Adegoruwa’s Suit Against Magu’s Confirmation
Justice Mojisola Olatoregun of a Federal High Court in Lagos yesterday struck out the suit filed by Lagos lawyer, Ebun-Olu Adegboruwa, challenging the continued stay in office of the acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu.
The judge took the decision after Adegboruwa’s lawyer; Tayo Oyetibo (SAN) sought the leave of the court to withdraw the suit.
Adegboruwa had dragged Magu before the court, praying it to restrain Magu, from further parading himself as acting chairman of the commission.
The lawyer had also urged 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.
But at the resumed hearing of the matter on Monday, Oyetibo told the court that after he was briefed on the fact the case, he went through the file and took the decision to persuade the human rights activist to hands-off the case so as to further encourage Magu in his current war against corruption.
Oyetibo stressed, “There is need to give Magu the opportunity to continue the anti-corruption campaign of the present administration and since this case may affect Magu’s confirmation as such, it was better to discontinue it.”
To confirm the development, Adegboruwa on his part maintained that he was well persuaded by his counsel, that in his second coming, Magu will do a good job, to be more rule of law friendly and to be holistic in his approach to the anti-corruption drive of the administration.
However, the withdrawal of the suit was not opposed to by the counsel to the anti-graft agency, Wahab Shittu, who posited that the position would surely boost the anti-corruption war of the Buhari/Osinbajo administration.
According to Shittu, “The government needs the input and support of lawyers and activists like Mr Adegboruwa, to bring their wealth of experience to bear on the fight again corruption.”
It would be recalled that Adegboruwa had in a 39 paragraphs affidavit he deposed to trace his history as a student leader, a human rights activist and pro-democracy campaigner, which credentials he stated qualified him to file the suit.
Adegboruwa traced the appointment of Magu back to November 9, 2015, contending that he has been functioning in acting capacity as EFCC Chairman, beyond the six months allowed by law.
He contended in the suit that since the Senate has rejected Magu as substantive Chairman of EFCC, he could not thereafter be functioning as acting chairman, illegally, citing section 2 (3) of the EFCC Act, which makes confirmation by the Senate, a condition precedent to the appointment of the EFCC chairman.
The lawyer contended that since the President activated section 2 (3) of the EFCC Act by forwarding the nomination of Magu to the Senate, he could not defy the decision of the Senate, which rejected Magu for the substantive appointment. Adegboruwa attached the Votes and Proceedings of the Senate for December 15, 2016,whern the Senate stated “The Senate also deliberated on the screening of the nominees for the Economic and Financial Crimes Commission, (EFCC) as it relates to the Security Report on them. Following the Security Report on the Economic and Financial Crimes Commission (EFCC) Chairman, the Senate decided not to confirm the Chairman and communicate the same to Mr President, Commander in Chief of the Armed Forces of the Federation.
Adegboruwa stated that notwithstanding the clear decision of the Senate not to confirm Magu, he has continued to parade himself in office as EFCC Chairman, such as when he met with representatives of the United States Embassy on January 6, 2017, clearly defying the decision of the Senate.
He prayed the court to restrain the Federal Government of Nigeria, 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.
The lawyer also urged the court for a declaration that given his conduct in office so far, his lifestyle and his arrogance to defy the decision of the Senate, Magu is not a fit and proper person to function in office as chairman of EFCC. Consequently, Adegboruwa asked 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 contends in the suit that all actions taken by the EFCC under the illegal tenure of Magu, especially charges and information filed in court, are illegal, null and void.
