There is not limit to acting tenure for EFCC boss Ibrahim Magu court rules

Requests to sack Mr. Ibrahim Magu as the acting Chairman of the Economic and Financial Crimes Commission, EFCC has been dismissed by a Federal High Court in Abuja, on Wednesday.

Justice Ijeoma Ojukwu delivered separate judgments in five separate suits instituted in 2017 seeking judicial pronouncement on Magu’s continued stay in office since 2015 without Senate confirmation.

The judge declined to sack Magu as prayed for in three of the suits where the plaintiffs contended that he was not fit to continue to remain in office as EFCC chairman either in acting or substantive capacity, having been rejected by the Senate on two different occasions.

She also rejected the two other suits in which the plaintiffs contended that the Senate confirmation was not required for the President to appoint Magu as the EFCC chairman.

In her judgments in the suits seeking Ibrahim Magu’s removal, the judge held that a person could continue to act as the EFCC’s chairman at the pleasure of the Nigerian President because there was a lacuna in the law which failed to spell out a time limit for an acting tenure.

Justice Ojukwu held that the time limit for the acting tenure, having not been provided by the EFCC Act, the court could not import it from the Civil Service Rules.

She, however, dismissed Magu’s contention that his appointment by the President did not require Senate’s confirmation.

“Without sentiment, the acting tenure is not meant to last as long as the substantive office,” adding that “The acting tenure is not meant to be used to install the person in perpetuity or use that window of the lacuna to install the person in a substantive capacity.”

The Judge added, “Senate confirmation is compulsorily required. The Senate confirmation is to ensure the checks and balances needed in our democracy”.