COURT ADJOURNS CASE AGAINST MAGE AS AGF PLEADS FOR TIME TO CONFIRM MAGU’S STATUS IN EFCC

The case filed by eminent lawyer and human rights activist, Ebun-Olu Adegboruwa, to determine the status of Mr Ibrahim Magu with the Economic and Financial Crimes Commission, EFCC, was today adjourned to February 13, 2017, following the absence of the defendants and their lawyers. When the case came up today at the Federal High Court, Lagos, before the Honourable Justice Olatoregun, Adegboruwa appeared for himself with Tosin Adesioye, Esq. Adegboruwa informed the court that the bailiffs of the court were unable to serve the defendants and thus sought for an adjournment to enable the bailiff effect service of the originating processes on the defendants. The case was then adjourned to February 13, 2017.

 Meanwhile, the Attorney-General of the Federation, who is the second defendant in the court case, has pleaded for more time to enable him confirm the status of Mr Ibrahim Magu in EFCC. In response to a letter written by Mr Adegboruwa, stated that since Adegboruwa’s request could not be treated within the seven days period, there is need for more time to confirm the status of Magu. The letter, dated January 3, 2017, was signed on behalf of the Attorny-General by Mr Ayo Bakare, State Counsel in charge of Freedom of Information Unit, reads as follows:

 “I am directed to acknowledge receipt of your request dated 21^st December 2016, but received in the Ministry on the 23^rdDecember, 2016, with Ref: No.A&C/RC/L-08/12/2016, on the above subject matter.

Furthermore, I am directed to inform you that the Ministry requires an extension of time to enable it carry out necessary consultations, since the request cannot be treated within the stipulated timeline under the FOIA, 2011.

Please accept the warmest regards of the Honourable Attorney-General of the Federation and Minister of Justice.”

It will be recalled that Mr Adegboruwa filed a suit at the Federal High Court, Lagos on January 17, 2017, asking the court to stop Mr Magu from parading himself as the chairman of the EFCC and asking the Senate not to consider his re-nomination as such. Part of the reliefs being sought in the action includes:

 “A.      A DECLARATION, that under and by virtue of section 2 (3) of the Economic and Financial Crimes Commission Establishment Act 2004, the 4^th Defendant, Ibrahim Magu, cannot continue to function in office as Acting Chairman of the 3^rd Defendant, Economic and Financial Crimes Commission, after the decision of the 1^stDefendant, The Senate of the Federal Republic of Nigeria, which rejected the nomination of the 4^th Defendant as Chairman of the 3^rd Defendant.

B.   A DECLARATION, that the failure, omission or neglect by the 4^th Defendant to vacate and relinquish his office as Acting Chairman of the 3^rd Defendant, Economic and Financial Crimes Commission, after the rejection of his nomination by the 1^stDefendant, has disqualified him from further consideration for confirmation as the substantive Chairman of the 3^rd Defendant by the 1^st Defendant, The Senate of the Federal Republic of Nigeria.

C. A DECLARATION, that the 2^ndDefendant, the Honourable Attorney-General of the Federation, and through him the Federal Government of Nigeria, are bound by the decision of the 1^st Defendant, the Senate of the Federal Republic of Nigeria, rejecting the 4^th Defendant, Ibrahim Magu, as Chairman of the 3^rd Defendant, Economic and Financial Crimes Commission and cannot continue to treat, recognize, deal with or deploy the 4^th Defendant as Acting Chairman of the 3^rd Defendant.

D.  A DECLARATION that the 4^thDefendant, Ibrahim Magu, is not a fit and proper person to lead the 3^rd Defendant, Economic and Financial Crimes Commission, as its Chairman, either in its acting or substantive capacity.

E.    A DECLARATION the 4^th Defendant, Ibrahim Magu, is not and cannot be the Acting Chairman of the 3^rd Defendant, Economic and Financial Crimes Commission.

F. A DECLARATION, that the 3^rdDefendant, Economic and Financial Crimes Commission, its servants and officers are bound by the decision of the 1^st Defendant, the Senate of the Federal Republic of Nigeria, rejecting the 4^th Defendant, Ibrahim Magu, as Chairman of the 3^rd Defendant, Economic and Financial Crimes Commission and cannot continue to treat, recognize or deal with the 4^th Defendant as its Acting Chairman.

G.  A DECLARATION that all actions taken by the 3^rd Defendant, especially charges and information filed in various courts, during the period when the 4^th Defendant, Ibrahim Magu, acted in excess of his legal term as Acting Chairman thereof, are illegal, null, void and invalid.

H.  AN INJUNCTION restraining the 4^thDefendant, Ibrahim Magu, whether by himself, his servants, agents or privies, or in any manner whatsoever from functioning in office as or from performing or continuing to perform the duties of or from holding himself out or parading himself as the Acting Chairman of the 3^rd Defendant, Economic and Financial Crimes Commission. 

I.    AN INJUNCTION restraining the 3^rdEconomic and Financial Crimes Commission, whether by itself, its servants, officers, agents or privies, or in any manner whatsoever from holding out or parading, treating, recognizing or in any other manner dealing with the 4^th Defendant, Ibrahim Magu, as its Acting Chairman.

J.    AN INJUNCTION restraining the 1^stDefendant, whether by itself, its respective members, its servants, agents, officers or privies from receiving, entertaining, countenancing, considering, deliberating upon or in any other manner acting upon any request, letter, application or demand for the approval, confirmation or endorsement of the 4^th Defendant, Ibrahmi Magu, as Chairman of the 3^rd Defendant, Economic and Financial Crimes Commission.

I.    AN INJUNCTION restraining the 2^ndDefendant, and through him the Federal Government of Nigeria, from holding out or parading, treating, recognizing, deploying or in any other manner dealing with the 4^thDefendant, Ibrahim Magu, as Acting Chairman of the 3^rd Defendant, Economic and Financial Crimes Commission.

J.    AN ORDER, forthwith directing the 4^thDefendant, Ibrahim Magu, to vacate, relinquish and surrender his office as Acting Chairman of the 3^rd Defendant, Economic and Financial Crimes Commission.”