Activist asks court to disqualify Saraki, Akpabio, others from screening Magu

A human rights activist, Mr Raji Rasheed Oyewunmi, has asked a court to disqualify Senate President, Mr Bukola Saraki, from participating in the confirmation process of the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr Ibrahim Magu

- Magu’s nomination for confirmation as substantive head of the anti-graft agency by the President had earlier been rejected by the Senate

- The activist equally wants the court to determine whether the participation of the other senators listed as defendants will not breach the constitutional provisions

A human rights activist, Mr Raji Rasheed Oyewunmi, has asked a court to disqualify Senate President, Mr Bukola Saraki, from participating in the confirmation process of the Acting Chairman of the Economic and Financial Crimes Commission (EFCC), Mr Ibrahim Magu.

Magu’s nomination for confirmation as substantive head of the anti-graft agency by the President had earlier been rejected by the Senate.

In a suit filed before the Federal High Court, Abuja, Mr Oyewunmi is seeking the disqualification of Saraki and some of his colleagues, who are listed as defendants in the suit.

The Acting Chairman, EFCC, Ibrahim Magu at the Senate

They include Senators Godswill Akpabio, Stella Oduah, Joshua Dariye, Ahmed Sani, Adamu Abdullahi and Magatakarda Wammako. Others are Senators Jonah Jang, Rabiu Kwankwaso, Danjuma Goje and Theodore Orji. Also listed as defendants are the Senate, are the Clerk of the National Assembly, Attorney-General of the Federation and Mr. Magu.

Filed on his behalf by a fiery human rights lawyer, Mr Inibehe Effiong, the activist, via his suit, wants the court to determine whether Saraki’s participation in the deliberation on Magu’s nomination will not amount to a breach of Section 56, 172 of, and Paragraphs 1 and 9 of the Fifth Schedule to the Constitution, given his ongoing trial at the Code of Conduct Tribunal (CCT) and in view of the fact that Magu coordinated and supervised the investigation that led to the Senate President’s arraignment and subsequent prosecution.

The activist equally wants the court to determine whether the participation of the other senators listed as defendants will not breach the same provisions, given that they are all facing prosecution for corruption-related offenses, the investigation of which Magu is coordinating and supervising.

In addition, the plaintiff wants the court to determine if Saraki and his listed colleagues violated Rule 74 of the Senate Standing Orders, 2015 (as amended), when they participated in the earlier process to screen Magu on 15 December, 2016, given that they all have ongoing cases of financial crimes in various courts.

Oyewunmi similarly wants the court to determine if Saraki and his colleagues acted appropriately in rejecting Magu’s nomination by President Muhammadu Buhari without first referring him to the appropriate committee of the Senate and at an executive or closed session, instead of an open session and whether Magu is entitled to fair hearing by Saraki and his colleagues.

The activist, among other reliefs, is asking the court to disqualify Mr. Saraki from participating in the nomination of the process of Magu. This, he noted, is based on an apparent conflict of interest arising from the acting EFCC’s Chairman’s role in his ongoing trial before the CCT.

Inibehe Effiong

He equally wants the court to declare, as ineligible, other senators listed as defendants on account of apparent conflict of interest arising from their ongoing trials for corruption-related offenses in which Mr. Magu is also playing a vital role.

Another relief sought by Oyewunmi is a court declaration that Saraki and his colleagues breached the Senate Standing Orders, 2015 (as amended) by participating in the earlier process of Magu’s nomination based on their failure to declare their pecuniary interests are flowing from their running cases of financial and economic crimes.

Equally being sought is a declaration that the first rejection of Magu by Saraki and his colleagues, without first referring the acting EFCC Chairman to the appropriate committee of the Senate and at an executive or closed session instead of an open session is illegal.