A Federal High Court sitting in Abuja has said that the Senate is conferred with au- thority to reject appointment of Mr Ibra- him Magu as substantive chairman of the Economic and Financial Crimes Commis- sion (EFCC) by President Muhammadu Bu- hari.
Consequently, the Senate urged Presi- dent Buhari to forward name of a credible and competent Nigerian to it for con rma- tion as substantive EFCC boss in line with the court’s pronouncement.
A concerned Nigerian, Oluwatosin Ojao- mo had on the 14th of January 2017 led a suit against the Senate before a Federal High Court , Abuja for rejecting Magu’ s con rmation as EFCC Chairman .
The plainti in the suit no FHC/ABJ/ CS/59/2017, who named the Senate Pres- ident and the Attorney General of the Fed- eration as co- defendants asked the court to strike out senate’s rejection of Magu on the grounds that the upper legislative chamber has no power to con rm him in the rst place let alone, rejecting him .
The plainti who cited section 2 (1) (a) (i) (ii) (iii) and 2 (3) of EFCC (Establish- ment) Act, 2004 in support of his argu- ment said the statutory powers of such ap- pointment and con rmation lie with the President in line with provisions of the EFCC Act.
But in the judgement Justice J.T. Tsoho delivered on 15th January, 2018, he held that the Senate is constitutionally empow- ered to con rm or reject any presidential nominee forwarded to it at any time.
Magu’s rejection according to the Judge was in right order since intendment of the laws as it regards the Senate was not to serve as a rubber stamp of the president.
The judgement reads in part : “ Plainti raised two issues in the written address for determination, to wit: whether or not the 1st defendant can reject a valid statutory appointment made by the President of the Federal Republic of Nigeria to the O ce of the Economic and Financial Crimes Com- mission in accordance with the provisions of the EFCC (Establishment) Act, 2004.
“Whether or not the 1st defendant is bound by the provisions of the EFCC Act, 2004 with respect to the con rmation of any appointment made by the President of the Federal Republic of Nigeria to the Of- ce of the Chairman of the Economic and Financial Crimes Commission.
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