The Court of Appeal in Abuja has overturned a Federal High Court judgment that sustained Ibrahim Magu’s continued tenure as Acting Chairman of the Economic and Financial Crimes Commission.
A three-member appellate panel held that Magu could not lawfully remain indefinitely in an acting capacity after the Senate rejected his nomination for substantive appointment.
The judgment arose from an appeal filed by Abuja lawyer Johnmary Jideobi, who challenged Magu’s continued occupation of the position after the Senate twice declined to confirm him.
The lower court had ruled in December 2019 that the EFCC Establishment Act did not prescribe a specific duration for an acting chairman and consequently upheld Magu’s continuation in office.
The Court of Appeal has now reversed that position.
Although Magu is no longer EFCC chairman, the judgment has continuing constitutional importance because it addresses the limits of temporary appointments where the substantive appointment is subject to legislative confirmation.
Its reasoning could also influence future disputes involving public officials retained in acting capacities for extended periods.
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- SOURCE: TheCable
