President Buhari and the Attorney General of the Federation and Minister of Justice, Mr. Abubakar Malami (SAN), are both taking sides with the appointment of Mr. Ibrahim Magu, the Acting Chairman of the Economic and Financial Crimes Commission, and calling for the dismissal of all suits against Magu.
The AGF took the legal position in backing Magu’s appointment, despite the strain in the relationship between the Minister and the Acting Chairman, in response to suits filed, seeking Magu’s sack, which was jointly initiated by two lawyers, Ahmed Yusuf and Peter Asa, on March 24, 2017. Mr. Malami filed a preliminary objection to the matter on behalf of himself and Buhari, who is the fourth respondent in the suit.
There are said to be 17 pending suits filed in support and against Magu’s appointment, following the refusal of the Senate to confirm the appointment of Magu as the substantive EFCC chairman on two different occasions. One of the suits is pending before the Yola Division of the Federal High Court, another in the Kano Division, while the rest are said to be pending before the Abuja Division of the Court.
The preliminary objection was signed by The Solicitor General of the Federation and Permanent Secretary, Federal Ministry of Justice, Mr. Dayo Akpata, leading Mr. Tijani Gazali and other lawyers in the Ministry, on behalf of the President and the AGF.
Mr. Magu; the EFCC; the AGF; President Buhari; the Senate, and its President, Dr. Bukola Saraki are the first to sixth defendants of the suit marked FHC/ABJ/CS/227/2017.
Buhari and the AGF, in their response, contended that the court lacks the jurisdiction to hear the suit because, among other issues, the Plaintiffs lacked the legal right to file the suit
They said “The Plaintiffs do not have sufficient interest in the determination of this matter.
“The Plaintiffs’ civil rights were not breached by the defendants.
The Plaintiffs did not meet the necessary pre-condition to file this suit.”
The defendants held that the suit was wrongly instituted by the two plaintiffs and advised that it be struck out. Meanwhile, the prayers sought in the suit include a declaration that since the Senate has rejected Magu’s candidacy for Chairman of the EFCC, the President’s persistent nomination of Magu is tantamount to forcing a candidate on Nigerians.
