The fate of Mr. Ibrahim Magu, embattled acting chairman, Economic and Financial Crimes Commission (EFCC), may have been sealed Thursday when a Federal High Court in Abuja ruled that the Senate is conferred with the authority to ensure the choice of “only suitable and credible persons for appointment to the office”.
Also, the Senate, yesterday, said it expects President Muhammadu Buhari to show respect for rule of law by removing immediately from office, Magu as acting chairman, EFCC following the court judgement which vindicated the upper house as having constitutional power to reject any nominee of the President for any appointment.
The Presidency and the Senate have been at loggerheads on the issue of Magu, with the Presidency insisting that the Senate does not have the constitutional power to reject Magu as a nominee of the President for the EFCC job.
But a Federal High Court in Abuja gave the ruling in determining the suit challenging the Senate’s authority to deny an appointee to the office of EFCC under the EFCC Act.
A copy of the judgement obtained by on Thursday revealed that Justice John Tsoho gave the ruling on January 15, 2018.
Mr Oluwatosin Ojamo, a lawyer, had filed a suit in January 2017, questioning whether the Senate President and the Senate can reject a valid appointment made by the President as it relates to Ibrahim Magu, in accordance with the provisions of the EFCC Act.
Ojamo had also questioned if the Senate can refuse to confirm any appointment made by President Buhari to the office of the anti-graft agency.
Joined as respondents in the suit are Dr Bukola Saraki, Senate President, and the Attorney-General of the Federation (AGF).
Justice Tsoho, however, held on Monday (last two weeks) that contrary to the plaintiff’s submission, section 2 subsection 3 states that the chairman and members of the commission other than the ex-officio members shall be appointed by the President and the appointment shall be subject to a confirmation of the Senate.
He noted that the use of the word “shall” in a legislation usually denotes mandatories, while the plaintiff recognises the use of the word “shall” as conferring the mandatory and unqualified powers of the President to appoint the chairman of the EFCC.
The presiding judge also held that doing otherwise would give the impression that “the Senate only exists to rubberstamp the President’s appointment of a chairman for the EFCC, and such viewpoint is misconceived and runs counter to the proper interpretation of section 2 subsection 3 of the EFCC Act.”
The Senate yesterday, urged President Buhari to, in line with the judgement, forward the name of a credible Nigerian to it for confirmation as substantive EFCC boss.
Senator Sabi Abdullahi, Senate spokesman, said that though the Senate was not the plaintiff in the matter decided by the court, the judgement, however, states clearly that the power to confirm or reject a nominee of the president for any office, absolutely belong to the Upper Chamber.
“We are pleased with this judgement and salute the judiciary for rising up to the occasion.
“With this, the Senate expect the executive to be guided by the court decision and do the needful by forwarding name of any credible Nigerian for the EFCC office. There is nothing personal in the whole thing
“The Court had ruled and all parties concerned must obey,” he said.
