Lawyer sues Senate over Magu’s rejection
An Abuja-based lawyer, Abubakar Sani, has filed a suit before a Federal High Court, Abuja, seeking to invalidate section 2(3) of the Economic and Financial Crimes Commission (EFCC) Act 2004, which subjects the power of the President to appoint the Chairman of EFCC to confirmation by the Senate.
Respondents in the suit are the Senate, House of Representatives and the Attorney General of the Federation. Sani, the applicant in the suit is asking whether the 1st and 2nd defendants are justified to enact section 2(3) of the EFCC Act, which purports to subject the power of the president to appoint the chairman of the EFCC to confirmation of the 1st defendant by virtue of sections 216 (2) of the 1999 constitution (as amended).
He based his application on the grounds that the objections by the Senates reliance on section 2(3) of the EFCC Act is ultra vires, invalid and inconsistent with the spirit and intendment of the constitution as expressed in section 216 (2) of the constitution and Article 3(2) of the African Charter on Human and People’s Rights.