Senior lawyers yesterday expressed different views on the status
of Ibrahim Magu as Acting Chairman of the Economic and Financial Crimes
Commission ( EFCC ) following yeaterday’s judgment of a Federal High Court in
Abuja.
Justice J. T. Tsoho said the senate acted within the law
when it screened and rejected Magu’s nomination as EFCC chairman.
Prof Itse Sagay SAN, Seyi Sowemimo SAN, Festus Keyamo SAN
and Nigerian Bar Association ( NBA ) Vice President Monday Onyekachi
Ubani offered their thoughts pending when they read the full judgment.
Sagay said: “I don’t expect that the judgment will have an
effect on Ibrahim Magu’s status as Acting EFCC Chairman. I don’t expect that
there’s anything externally that is going to affect Magu’s position.
“I don’t know whether the judge considered Section 171 of the
Constitution which even allows the President to appoint heads of agencies like
Magu’s agency without any reference to the Senate. That is already there, so I
don’t know what was brought to the court’s attention. When we see the full
judgment we will be able to express our opinion.
Sowemimo observed, among others, that in the event that the
ruling includes a court order removing Magu from office, he would probably seek
a stay of execution and launch an appeal.
Keyamo noted, among others, the law did not prescribe a
time limit for Magu to remain in an acting capacity.
Keyamo said: The fact that the law has not circumscribed
the amount of time or the time period that someone can act as the head of an
agency, it would mean therefore that I see no legal problem at all in Ibrahim
Magu continuing to act as the Chairman of the EFCC, there is no legal
impediment at all.”
But Ubani advised the Executive to “respect and obey the
judgement of the
Federal High Court unless they have secured a contrary
judgement from the appellate courts.”
Source: NATIONNEWS
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