Court of Appeal Overturns Federal High Court Ruling on Ibrahim Magu’s EFCC Tenure
The Court of Appeal in Abuja on Monday overturned a Federal High Court judgment that had upheld the continued retention of Ibrahim Magu as acting Chairman of the Economic and Financial Crimes Commission (EFCC).
The appellate court ruled on an appeal filed by Abuja-based lawyer and activist, Johnmary Jideobi, who challenged Magu’s continued stay in office after the Senate twice rejected his nomination as substantive EFCC chairman.
The appeal stemmed from a December 4, 2019 judgment by Justice Ijeoma Ojukwu of the Federal High Court in Abuja, which dismissed suits seeking Magu’s removal from the leadership of the anti-graft agency.
Jideobi had argued that Magu’s continued appointment in an acting capacity became unlawful after the Senate rejected his nomination and that he could not remain indefinitely as acting chairman.
The respondents in the appeal were the Senate, the Attorney-General of the Federation, the EFCC and Magu.
Jideobi initially filed the suit before Justice Ojukwu on March 2, 2017, seeking an order removing Magu from office after the Senate twice rejected his nomination for confirmation as substantive EFCC chairman.
He argued that Magu, who had served as acting chairman since 2015, could not continue indefinitely in the position after the Senate had exercised its constitutional and statutory responsibility by refusing to confirm his appointment.
In her December 4, 2019 judgment, Justice Ojukwu dismissed the suits challenging Magu’s continued stay in office.
The judge held that there was a lacuna in the law because the EFCC Establishment Act did not specify how long an individual could remain as chairman in an acting capacity.
Justice Ojukwu noted that Section 2(3) of the EFCC Establishment Act provides for the appointment of the commission’s chairman and members by the President, subject to confirmation by the Senate, but does not prescribe a time limit for an acting appointment.
According to the judgment, the legal gap effectively left the duration of an acting appointment to the discretion of the President.
Dissatisfied with the ruling, Jideobi appealed, arguing that the Federal High Court had wrongly interpreted the law and had effectively allowed Magu to remain in office beyond the period contemplated by the relevant statutes.
In his grounds of appeal, Jideobi argued that the EFCC chairman has a four-year tenure, renewable only once, and that Magu had already exceeded the stipulated period without Senate confirmation.
He further argued that the Federal High Court erred by failing to remove Magu after recognising that his substantive appointment required Senate confirmation.
Jideobi also contended that Magu’s acting tenure had ended “by operation of law” after the President submitted his name to the Senate and lawmakers rejected the nomination.
He consequently asked the Court of Appeal to set aside the Federal High Court judgment and grant the reliefs sought in his original suit.
Magu’s tenure as acting EFCC chairman ended in July 2020 after he was suspended by then-President Muhammadu Buhari amid allegations of misconduct and irregularities.
He appeared before a presidential investigative panel headed by retired Justice Ayo Salami.
Magu denied wrongdoing and rejected the allegations against him.
Mohammed Umar Abba, who was then EFCC Director of Operations, subsequently took over as acting chairman.
Abdulrasheed Bawa was appointed substantive EFCC chairman in February 2021, succeeding Magu.
Bawa was later suspended by President Bola Tinubu in June 2023 amid allegations of abuse of office and misconduct. He was subsequently replaced by Ola Olukoyede as substantive EFCC chairman.
The Court of Appeal’s Monday decision therefore concerns the legality of Magu’s prolonged acting appointment during the period he remained in office. It does not relate to his current status, as Magu has not headed the EFCC since 2020.
