The Federal High Court in Abuja has accused the Nigerian Government of exploiting the gap in the law to keep Ibrahim Magu, boss of the Economic and Financial Crimes Commission, in acting capacity perpetually.
Justice Ijeoma Ojukwu said this while delivering judgment in suits seeking the removal of Magu as acting chairman of the commission.
However, the judge dismissed the suits, saying the gap in the law had made it impossible to know what timeframe a person can remain in an acting capacity.
The plaintiffs had sought Magu’s removal on the grounds that the Senate had twice rejected his appointment and refused to screen him to take up the position in a substantive capacity.
They argued that Magu, who had been acting as EFCC chairman since 2015, was not fit to continue to serve in that capacity.
Delivering judgment, Justice Ojukwu noted that although the lacuna ought not to be exploited to “install” Magu in office in substantive capacity without the Senate confirmation, it had given President Muhammadu Buhari as the appointor “the proverbial yam and the knife to do as he pleases” with the appointment of the EFCC chairman.
