By Onyewuchi Ojinnaka
Senior Correspondent
A Lagos lawyer and rights activist, Ebun-Olu Adegboruwa, has instituted an action at the Federal High Court Lagos seeking an order of court to forthwith restrain Ibrahim Magu from parading himself as acting chairman of the Economic and Financial Crimes Commission (EFCC).
In the new suit filed on January 16, Adegboruwa is also praying the Senate not to entertain any further request for the confirmation of Magu as EFCC Chairman.
Aside Ibrahim Magu, other defendants in the suit are The Senate, the Attorney-General of the Federation and the EFCC.
When the case was mentioned on Monday, Adegboruwa announced appearance for the plaintiff while
on the other hand, no representative appeared for the defendants.
Consequently, the trial judge, Justice Mojisola Olatoregun adjourned the suit to February 13 and ordered service of processes on the defendants.
In a 39 paragraphs affidavit deposed to by Adegboruwa, he recalled the appointment of Magu back to November 9, 2015, contending that he had been functioning in acting capacity as EFCC Chairman, beyond the six months allowed by law.
Furthermore, 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 submitted 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 also stated that notwithstanding the clear refusal of the Senate to confirm Magu, he has continued to parade himself in office as EFCC Chairman.
He cited an example of such illegal act by Magu, contending that he met with representatives of the United States Embassy on January 6, 2017, which clearly defy 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.
