A Federal High Court in Abuja has backed the Senate’s rejection of Mr. Ibrahim Magu as the functional Chairman of the Economic and Financial Crimes Commission (EFCC).
A concerned Nigerian, Mr. Oluwatosin Ojaomo had filed a suit at a Federal High Court, Abuja challenging the Senate’s decision to reject the nomination of Magu by the President as substantive Chairman of the EFCC.
The litigant in the suit no FHC/ABJ/CS/59/2017, which had the Senate President and the Attorney-General of the Federation as co-defendants, prayed the court to nullify the decision of the Senate.
According to him, the upper legislative chamber has no power to confirm Magu in the first place let alone, rejecting his nomination.
The plaintiff, who cited section 2 (1) (a) (i) (ii) (iii) and 2 (3) of EFCC Establishment Act, 2004, said the statutory powers of such appointment and confirmation lies with the President in line with the extant laws of the Commission.
But the presiding Judge, Justice John Tsoho in his judgement dated Jan. 15, 2018 and released on Thursday in Abuja, ruled that the Senate, constitutionally empowered, has the power to confirm or reject any presidential nominee forwarded to it at any time.
Magu’s rejection according to the Judge was in order since the intendment of the laws as it regards the Senate is not to serve as a rubber stamp of the President.
He said the plaintiff had no locus standi to sue the Senate on the issue and that the affidavit deposed by the plaintiff, “did not disclose sufficient stake or peculiar interest of the plaintiff above others, that entitles him to institute this action” adding that the Senate is conferred with authority to ensure the choice of only suitable and credible persons for appointment to that office.
