Two groups, Save Nigeria Group and Kingdom Human Rights Foundation
International, on Friday, withdrew their suit filed in December 2016
seeking orders compelling President Muhammadu Buhari to declare the
chairmanship position of the Economic and Financial Crimes Commission
vacant.
The plaintiffs had also in the same suit, urged the court to compel
Buhari to sack the suspended Secretary to the Government of the
Federation, Mr. Babachir Lawal.
But upon an oral application by the plaintiffs’ lawyer, Mr. Kindgdom
Okere, on Friday, seeking the withdrawal of the suit, Justice John Tsoho
struck out the case.
Speaking to newsmen after the Friday’s proceedings, Okere said that the
boards of the plaintiffs had reviewed the activities of Magu as acting
Chairman of the EFCC and had decided to support him.
Okere said, “The boards looked at the issue of the $43m discovered in a
flat in Orsbone building, Ikoyi, Lagos and discovered that Magu had
done well.
“This money was just a microscopic percentage of funds stolen by the political class over the years.
“It is commendable that the EFCC under the leadership of Magu was able
to discover this money and nobody could honour the invitation to come
out and lay claim to it prompting the court to make a final forfeiture
order of the money to the Federal Government.
“So we decided to withdraw the suit in support of Magu.”
The groups had filed the suit with number, FHC/ABJ/15/1072/16, on
December 29, 2015, following corruption allegations against Lawal and
Magu.
The allegations against Magu formed the basis for which the Senate on
two occasions refused to confirm his as the substantive chairman of the
EFCC.
The plaintiffs sued President Buhari, Lawal, Magu, the Attorney General
of the Federation and Minister of Justice, Mr. Abubakar Malami, and the
Senate as the defendants.
The plaintiffs contended that the Senate having recommended the removal
and prosecution of Lawal, the President was under obligation to suspend
or sack him as the SGF.
They added that the Senate having rejected Magu’s nomination as substantive chairman of the EFCC, the office had become vacant.
They urged the court to declare that the allegation against Lawal by the
Senate “is a sufficient and reasonable ground to warrant and compel
President of the Federal Republic of Nigeria to sack or suspend Mr.
David Babachir Lawal as the Secretary to the Government of the
Federation or compel him to resign as the SGF, pending when he is
cleared of every allegation of corruption; on the ground that the
President claims that his administration is fighting corruption.”
They also urged the court to declare that “the Senate of the Federal
Republic of Nigeria as the constitutional powers to recommend the sack
or suspension of Mr. David Babachir Lawal as the Secretary to the
Government of the Federation (SGF) on the ground of corrupt allegation
found against him and his company, in view of section 88(1) (b) and (2)
(b) of the 1999 Constitution of the Federal Republic of Nigeria (as
amended).
Other prayers read in part, “A declaration that the provisions of the
Federal Civil Service Rules is applicable to the Economic and Financial
Crimes Commission, and that under the Federal Civil Service Rules, a
person appointed in acting capacity cannot act in such capacity for
more than six months, in view of Rules 010101, 020603 and 020604 of
the Federal Civil Service Rules 2008.
“A declaration that the Senate’s rejection of the 1st Defendant’s
nomination of Mr. Ibrahim Magu as the substantive Chairman of the
Economic and Financial Crimes Commission (EFCC) following the
Senate’s votes and proceeding of Thursday 15 December 2016 is a
reasonable and lawful ground to warrant and compel the 1st Defendant to
appoint/nominate another person as the Chairman of the Economic and
Financial Crimes Commission without any further delay.
“A declaration that the office of the Chairman of the Economic and
Financial Crimes Commission is vacant on the ground of the Senate’s
rejection and failure to confirm Mr. Ibrahim Magu, who has been acting
in that capacity for more than six months.
“A declaration that the four year term of office provided for in
section 3 (1) of the Economic and Financial Crimes Commission
(Establishment) Act is only applicable to a substantive Chairman of
EFCC who is appointed by the President and confirmed by the Senate; and
not applicable to a person appointed to act in the capacity of Chairman
of the Commission, pending the appointment and confirmation of a
substantive Chairman.”
