Appeal court declares Magu’s prolonged acting tenure as EFCC chairman illegal

The Court of Appeal in Abuja has declared the prolonged tenure of Ibrahim Magu as the acting acting chairman of the Economic and Financial Crimes Commission (EFCC) for five years as ilegal.

The Court of Appeal came to that conclusion after overturning a judgement of the Federal High Court in Abuja allowing Mr Magu to remain in office in acting capacity from November 2015 to July 2020, despite the Nigerian Senate’s refusal to confirm his appointment.

According to a report by Sahara Reporters, a three-member panel of the appellate court delivered the judgement on Monday in an appeal filed by Abuja-based lawyer and activist, Johnmary Jideobi, against the judgement of the Federal High Court, Abuja.

Mr Jideobi challenged Mr Magu’s continued stay in office after the Senate rejected his nomination as substantive EFCC chairman twice.

The Senate, the Attorney-General of the Federation, the EFCC and Mr Magu were respondents in the appeal.

Mr Jideobi filed the original suit on 2 March 2017, arguing that Mr Magu, who had been acting chairman since 2015, could not continue indefinitely after the Senate rejected his nomination.

The Senate rejected his nomination for confirmation as substantive chairman twice, with the second rejection coming in March 2017.

Mr Jideobi argued that the Senate’s rejection brought Mr Magu’s acting appointment to an end and that he could not remain in the position indefinitely.

He also argued that the EFCC chairman’s tenure is four years, renewable once, and that Mr Magu had exceeded that period without Senate confirmation.

What the Federal High Court said

The lower court judge Ijeoma Ojukwu dismissed the suit in her 2019 judgement.

She held that the EFCC Establishment Act did not specify how long an acting chairman could remain in office.

According to the judge, the gap in the law left the the then-Presidrnt Muhammadu Buhari with discretion over the duration of an acting appointment.

Section 2(3) of the EFCC Establishment Act provides that the chairman and members of the commission are appointed by the President subject to confirmation by the Senate.

The Act also provides for a four-year tenure for the chairman and members, renewable once.

Appeal court overturns judgement

The Court of Appeal has now overturned the Federal High Court’s decision and ruled that Mr Magu’s prolonged acting tenure was unlawful.

Mr Magu’s tenure as acting EFCC chairman had already ended in July 2020, when then-President Buhari suspended him amid allegations of misconduct and irregularities.

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Mr Magu denied the allegations and appeared before a presidential investigative panel headed by retired Justice Ayo Salami.

Abdulrasheed Bawa was appointed substantive EFCC chairman in February 2021.

The Court of Appeal’s judgement therefore concerns the legality of Mr Magu’s former acting tenure and has no bearing on the current leadership of the EFCC.