Key Takeaways
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The Court of Appeal in Abuja reportedly overturned a Federal High Court judgment concerning Ibrahim Magu’s continued tenure as acting EFCC chairman.
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The legal dispute followed the Senate’s rejection of Magu’s nomination as substantive EFCC chairman on two occasions.
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The original suit was filed by lawyer and activist Johnmary Jideobi in March 2017.
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The Federal High Court had previously held that the EFCC Establishment Act did not specify a time limit for an acting chairman’s appointment.
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Magu’s acting tenure ended in July 2020 following his suspension by former President Muhammadu Buhari.
The Court of Appeal in Abuja has overturned a Federal High Court judgment that upheld the continued retention of Ibrahim Magu as the acting chairman of the Economic and Financial Crimes Commission (EFCC).
The ruling followed an appeal filed by Abuja-based lawyer and activist, Johnmary Jideobi, who challenged Magu’s prolonged stay in office after the Senate rejected his nomination as the substantive EFCC chairman on two occasions.
The case centered on the legality of retaining an acting chairman of the anti-graft agency for an extended period without confirmation by the Senate.
According to the report, the appellate court delivered its ruling on Monday in an appeal arising from a December 4, 2019, judgment delivered by Justice Ijeoma Ojukwu of the Federal High Court in Abuja.
How the Legal Dispute Began
Jideobi initially instituted the suit on March 2, 2017, seeking an order compelling Magu’s removal from his position as acting EFCC chairman.
He argued that Magu, who had been serving in an acting capacity since 2015, could not continue indefinitely in the position after the Senate had twice rejected his nomination for substantive appointment.
The respondents in the case included the Senate, the Attorney-General of the Federation, the EFCC and Ibrahim Magu.
However, in her judgment delivered in 2019, Justice Ijeoma Ojukwu dismissed the suits challenging Magu’s continued stay in office.
The judge held that the EFCC Establishment Act did not specify the duration for which an individual could serve as acting chairman of the commission.
Why the Federal High Court Upheld Magu’s Acting Appointment
Justice Ojukwu noted that Section 2(3) of the EFCC Establishment Act required the President’s appointment of the EFCC chairman and other members of the commission to be subject to Senate confirmation.
However, she observed that the legislation did not provide a specific time limit for an acting appointment.
Based on this interpretation, the court held that the absence of a statutory time limit gave the President discretion over the duration of an acting chairman’s appointment.
Dissatisfied with the decision, Jideobi proceeded to the Court of Appeal, seeking to overturn the lower court’s ruling.
Jideobi’s Arguments Before the Court of Appeal
In his grounds of appeal, Jideobi argued that the EFCC chairman’s statutory tenure was four years, renewable once, and that Magu had exceeded the permissible period without Senate confirmation.
He maintained that the Federal High Court had erred by allowing Magu to remain in office despite acknowledging that a substantive appointment required Senate confirmation.
The lawyer further argued that Magu’s acting appointment had ended “by operation of law” after the President submitted his nomination to the Senate and lawmakers rejected it.
Jideobi subsequently urged the Court of Appeal to set aside the Federal High Court’s judgment and grant the reliefs sought in his original suit.
The appellate court’s reported decision now overturns the lower court judgment that had upheld Magu’s continued retention as acting EFCC chairman.
What Happened to Ibrahim Magu After the Legal Dispute?
Ibrahim Magu’s tenure as acting EFCC chairman eventually came to an end in July 2020, when former President Muhammadu Buhari suspended him amid allegations of misconduct and irregularities.
Magu appeared before a presidential investigative panel headed by retired Justice Ayo Salami, where he denied wrongdoing and rejected the allegations against him.
Following his suspension, Mohammed Umar Abba, the then EFCC Director of Operations, assumed the position in an acting capacity.
In February 2021, Abdulrasheed Bawa was appointed substantive chairman of the EFCC, succeeding Magu.
Bawa was later suspended by President Bola Tinubu in June 2023 amid allegations of abuse of office and misconduct. He was subsequently replaced by Ola Olukoyede, who was appointed substantive chairman of the anti-graft agency.