Court Rules Magu's Long Acting Tenure as EFCC Chairman Illegal

The Court of Appeal in Abuja has ruled that Ibrahim Magu's long time as acting chairman of the Economic and Financial Crimes Commission (EFCC) for five years is illegal.

The court reached this decision after it overturned a previous ruling from the Federal High Court in Abuja. That ruling had allowed Mr. Magu to remain in office from November 2015 to July 2020, even though the Nigerian Senate had not confirmed his appointment.

According to a report by Sahara Reporters, a three-member panel of the appellate court made the ruling on Monday. This followed an appeal from Abuja lawyer and activist Johnmary Jideobi against the Federal High Court's decision.

Mr. Jideobi challenged Mr. Magu's stay in office after the Senate rejected his nomination as substantive EFCC chairman twice. The Senate, the Attorney-General of the Federation, the EFCC, and Mr. Magu were all part of the appeal.

Jideobi filed the original suit on March 2, 2017. He argued that Mr. Magu, who had been acting chairman since 2015, could not keep the position indefinitely after the Senate rejected his nomination. The Senate turned down his nomination for substantive chairman twice, with the second rejection in March 2017.

Mr. Jideobi claimed that the Senate's rejection ended Mr. Magu's acting appointment. He said he could not remain in the role indefinitely. He also pointed out that the EFCC chairman's term is four years, which can be renewed once, and that Mr. Magu had gone beyond this period without Senate confirmation.

In 2019, the lower court judge Ijeoma Ojukwu dismissed the suit. She stated that the EFCC Establishment Act did not state how long an acting chairman could serve. The judge added that the gap in the law gave then-President Muhammadu Buhari the ability to decide how long an acting appointment could last.

Section 2(3) of the EFCC Establishment Act says that the president appoints the chairman and members of the commission, but this is subject to Senate confirmation. The Act also mentions a four-year term for the chairman and members, which can be renewed once.

Now, the Court of Appeal has overturned the decision of the Federal High Court. It ruled that Mr. Magu's long acting tenure was unlawful. Mr. Magu's time as acting EFCC chairman ended in July 2020 when then-President Buhari suspended him due to allegations of misconduct and irregularities.

Mr. Magu denied these allegations and appeared before a presidential investigative panel led by retired Justice Ayo Salami. Abdulrasheed Bawa was appointed as the substantive EFCC chairman in February 2021.

The Court of Appeal's ruling is about the legality of Mr. Magu's previous acting tenure and does not affect the current leadership of the EFCC.