A lawyer and rights activist, Ebun-Olu Adegboruwa, has urged a 
Federal High Court in Lagos to restrain Ibrahim Magu from parading 
himself as acting Chairman of the Economic and Financial Crimes 
Commission (EFCC).
In his new suit filed on Monday, Adegboruwa is 
also asking the Senate not to entertain any further request for the 
confirmation of Magu as EFCC Chairman.
The defendants in the suit are The Senate, the Attorney-General of the Federation, the EFCC and Ibrahim Magu.
In
 a 39-paragraph 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.
Citing 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.
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.
He said that an 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.
He 
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.
Consequently,
 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.
No date has been fixed for hearing of the new suit.

 
No comments:
Post a Comment