Nigeria’s Court of Appeal in Abuja has overturned a 2019 Federal High Court judgment that upheld Ibrahim Magu’s continued stay as acting chairman of the Economic and Financial Crimes Commission (EFCC).
The appellate court ruled that Mr Magu’s prolonged tenure in an acting capacity was unlawful, following an appeal challenging his continued retention after the Senate rejected his nomination as substantive EFCC chairman.
The case was brought by Abuja-based lawyer and activist Johnmary Jideobi, who argued that Mr Magu could not remain indefinitely as acting chairman after the Senate had twice rejected his nomination.
Mr Magu became acting EFCC chairman in 2015 and remained in the position until July 2020, when he was suspended by then-President Muhammadu Buhari.
The dispute followed a December 2019 judgment by Justice Ijeoma Ojukwu of the Federal High Court in Abuja, which dismissed challenges to Mr Magu’s continued stay in office.
The Federal High Court had acknowledged that the EFCC Act required Senate confirmation for a substantive chairman but held that the law did not specify how long an acting chairman could remain in office.
Mr Jideobi subsequently appealed the decision, arguing that Mr Magu’s continued tenure exceeded the limits allowed by law.
The Court of Appeal has now set aside the 2019 judgment, effectively overturning the legal basis on which Mr Magu’s prolonged acting tenure had previously been upheld. (Rifnote)
The ruling concerns Mr Magu’s tenure between 2015 and 2020 and does not affect the current leadership of the EFCC.
Mr Magu was eventually succeeded by Abdulrasheed Bawa as substantive EFCC chairman in 2021. Ola Olukoyede is the current chairman of the commission.
