Appeal Court Overturns Ruling On Magu’s EFCC Tenure

The Court of Appeal in Abuja has overturned a Federal High Court judgment that had upheld the continued retention of Ibrahim Magu as the acting Chairman of the Economic and Financial Crimes Commission (EFCC).

Naija News reports that the appellate court ruled on Monday in an appeal filed by Abuja-based lawyer and activist Johnmary Jideobi, who challenged Magu’s prolonged tenure as acting EFCC chairman after the Senate rejected his nomination as substantive EFCC chairman on two occasions.

The appeal arose from a December 4, 2019 judgment delivered by Justice Ijeoma Ojukwu of the Federal High Court in Abuja.

Jideobi had instituted the original suit on March 2, 2017, seeking an order compelling Magu’s removal from the EFCC leadership.

He argued that Magu, who had served in an acting capacity since 2015, could not remain in the position indefinitely after the Senate had twice rejected his nomination for substantive appointment.

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

In her 2019 judgment, Justice Ojukwu dismissed the suits challenging Magu’s continued stay in office.

The judge held that the EFCC Establishment Act contained a gap because it did not stipulate how long an individual could serve as acting chairman of the commission.

She noted that Section 2(3) of the Act required the President’s appointment of the EFCC chairman and other members of the commission to be subject to Senate confirmation, but did not prescribe a time limit for an acting appointment.

According to the judgment, the absence of such a provision gave the President discretion over the duration of an acting appointment.

Dissatisfied with the decision, Jideobi appealed to the Court of Appeal.

In his grounds of appeal, Jideobi maintained that the EFCC chairman has a four-year tenure, renewable once, and argued that Magu had exceeded the statutory period without Senate confirmation.

He contended that the lower court erred in allowing Magu to remain in office despite acknowledging that a substantive appointment required Senate confirmation.

Jideobi further argued that Magu’s acting appointment had ended “by operation of law” after the President submitted his name to the Senate and the lawmakers rejected the nomination.

He consequently urged the appellate court to set aside the Federal High Court judgment and grant the reliefs sought in his original case.

Magu’s tenure as acting EFCC chairman eventually ended in July 2020 after former President Muhammadu Buhari suspended him over allegations of misconduct and irregularities.

He appeared before a presidential investigative panel headed by retired Justice Ayo Salami, where he denied wrongdoing and rejected the allegations against him.

The then EFCC Director of Operations, Mohammed Umar Abba, subsequently assumed the position in an acting capacity.

Abdulrasheed Bawa was later appointed substantive EFCC chairman in February 2021, succeeding Magu.

Bawa was suspended by President Bola Tinubu in June 2023 amid allegations of abuse of office and misconduct. He was subsequently replaced by Ola Olukoyede, who was appointed substantive chairman of the anti-graft agency.