The Court of Appeal in Abuja has overturned a 2019 judgment of the Federal High Court and declared Ibrahim Magu’s prolonged stay as acting chairman of the Economic and Financial Crimes Commission (EFCC) unlawful.
A three-member panel of the appellate court delivered the judgment on Monday in an appeal filed by lawyer Johnmary Jideobi, who challenged Magu’s continued stay in office after the Senate twice rejected his nomination as substantive EFCC chairman.
The decision set aside the earlier judgment of the Federal High Court, which had upheld Magu’s continued appointment in an acting capacity.
Magu’s Tenure
Magu served as acting chairman of the EFCC from 2015 until July 2020, when he was suspended from office.
Jideobi had instituted the suit at the Federal High Court in March 2017, arguing that Magu could not remain indefinitely as acting chairman after the Senate rejected his nomination.
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In her December 4, 2019 judgment, Justice Ijeoma Ojukwu dismissed the suit challenging Magu’s continued stay in office.
The judge held that the EFCC Act, particularly Section 2(3), did not prescribe a specific period within which an acting chairman must vacate office.
She also held that the Senate rule relied upon by Jideobi applied to ministerial appointments and could not be enforced in the case of an acting EFCC chairman.
Justice Ojukwu further ruled that Jideobi lacked the locus standi to institute the suit.
Jideobi Appeals Ruling
Dissatisfied with the judgment, Jideobi appealed to the Court of Appeal.
He argued that the chairman of the EFCC has a four-year tenure, renewable once, and that Magu had exceeded the stipulated period without confirmation by the Senate.
He further argued that Magu’s acting appointment had ended by operation of law after the Senate rejected his nomination.
Jideobi asked the appellate court to set aside the Federal High Court judgment and grant the reliefs sought in his original suit.
The respondents in the appeal were the Senate, the Attorney-General of the Federation, the EFCC and Magu.
The Court of Appeal has now overturned the 2019 judgment, holding that Magu’s prolonged stay as acting chairman of the EFCC was unlawful.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.