Human rights lawyer Ebun-Olu Adegboruwa yesterday withdrew a suit he filed at the Federal High Court to restrain Mr. Ibrahmi Magu from parading himself as the acting chairman of the Economic and Financial Crimes Commission (EFCC).
Justice Mojisola Olatoregun struck out the case after Adegboruwa’s lawyer, Mr. Tayo Oyetibo, said he was instructed to discontinue it.
According to him, upon being instructed to handle the case, he went through the file and decided to persuade Adegboruwa to drop it to encourage Magu in the anti-corruption campaign.
He said there was need to give Magu the opportunity to continue driving the anti-corruption war and that since the case might affect Magu’s confirmation, it was better to drop it.
Adegboruwa said he was persuaded by his counsel that Magu would do a good job, comply with the rule of law and be holistic in his approach to the anti-corruption war.
Magu’s lawyer Wahab Shittu did not oppose the application.
He said: “The government needs the input and support of lawyers and activists like Mr. Adegboruwa to bring their wealth of experience to bear on the fight again corruption.”
Shittu told reporters after the proceedings: “Of course, we’re happy at the development. That has vindicated us. You don’t change a winning team.
“Magu is doing a wonderful job at the EFCC and all patriotic Nigerians ought to support him to ensure that he succeeds. This kind of suit is just a distraction.”
Adegboruwa had sought an order restraining Magu from parading himself as the EFCC acting chairman. He sought an order “directing the fourth defendant, Ibrahim Magu, to vacate, relinquish and surrender his office as Acting Chairman of the EFCC.”
He is also praying the court to stop the Senate from entertaining any further request for Magu’s confirmation as EFCC Chairman. Adegboruwa sought a declaration that by virtue of Section 2 (3) of the EFCC Establishment Act 2004, Magu could not continue to function as EFCC’s acting chairman after the Senate rejected his nomination.
He wanted the court to hold that Magu’s failure to vacate office following the rejection of his nomination disqualified him from further consideration for confirmation as EFCC’s substantive Chairman. The lawyer asked the court to declare that the Federal Government, through Malami, was bound by the Senate’s decision and could not continue to recognise and deal with Magu as acting EFCC chairman.
Adegboruwa prayed the court to nullify all actions taken by Magu, especially charges and information filed in various courts during the period he allegedly acted in excess of his legal term.
He sought an order of injunction restraining Magu, whether by himself, his agents or privies, from functioning in office or parading himself as the EFCC acting chairman.
The Senate, the Attorney-General of the Federation Abubakar Malami (SAN), the EFCC and Magu were the defendants.