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Court Upholds Senate’s Power To Reject Magu …As Upper Chamber Orders Immediate Sack Of EFCC Boss …Summons IGP Over Continued Killings In Benue
The Federal High Court in Abuja has held that the Nigerian Senate acted within the law when it rejected President Muhammadu Buhari’s nomination of Mr. Ibrahim Magu as the substantive Chairman of the Economic and Financial Crimes Commission, EFCC.
The court, in a judgement that was delivered on January 15, but made available to newsmen yesterday held that Section 2 (3) of the EFCC (Establishment) Act, 2004, conferred the Senate with the authority to ensure the choice of only suitable and credible persons for appointment into the EFCC’s chairmanship position.
Justice John Tsoho who delivered the verdict based on a suit that was lodged before the court by a legal practitioner, Mr. Oluwatosin Ajaomo said the import of the EFCC Act was that the Senate does not only exist to rubberstamp the President’s appointment of any person to head the anti-graft agency.
He held that the Senate was empowered to confirm or reject any appointee to the office of the Chairman of the EFCC by the President, based on facts available to it.
According to the court, Section 2(3) of the EFCC Act provided that appointment of Chairman and members of the commission other than ex-officio members shall be subject to confirmation of the Senate, stressing that the wordings of the Act were very instructive to the effect that they introduced a condition that must be fulfilled.
Justice Tsoho held: “On the strength of these authorities therefore, the expression ‘subject to’ should be understood to simply mean ‘depending on’. Accordingly, the import of Section 2(3) of the EFCC Act is that the appointment of a Chairman made by the President is dependent on confirmation by the Senate.
The 1st defendant can therefore reject a statutory appointment of a Chairman of the EFCC made by the President, if there is good basis for doing so. Issue 1 stands resolved. “On issue 2 for determination, there is no doubt that the 1st defendant is bound by the provisions of the EFCC Act with respect to appointment of Chairman of the EFCC by the President.
It should be realised that the provisions of Section 2(3) of the EFCC Act empower the Senate, headed by the 1st defendant to confirm an appointee to the Office of the Chairman of the EFCC by the President. “The Senate is thus conferred with authority to ensure the choice of only suitable and credible persons for appointment to that office.
The submission of the plaintiff however gives the impression that the Senate only exists to rubberstamp the President’s appointment of a Chairman. Such viewpoint runs counter to the proper intendment of Section 2(3) of the EFCC Act and is misconceived. Issue 2 is also resolved.
“The point must be made that it is trite law generally, that where a plaintiff’s claim is unchallenged and uncontroverted, the court will accept the available evidence and act on it. There is however exception to this, where the court finds that the plaintiff’s action is not maintainable, despite being unchallenged.
This, I humbly hold to be the position in the instant suit, as I regard as doubtful, the plaintiff’s capacity or competence to maintain the action”, Justice Tsoho held.
The plaintiff had in a suit he filed on January 24, 2017, marked FHC/ABJ/CS/59/2017, which had the Senate President and the Attorney General of the Federation as defendants, prayed the court to determine “Whether or not the 1st defendant can reject a valid statutory appointment made by the President of the Federal Republic of Nigeria to the office of the EFCC in accordance with the provisions of the EFCC (Establishment) Act 2004.
As well as, “Whether or not the Senate was bound by the provisions of the EFCC Act, 2004 with respect to the confirmation of any appointment made by the President of the Federal Republic of Nigeria”.
He further sought an interpretation of the provisions of section 2 (1) (a) (i) (ii) (iii) and 2(3) of the EFCC (Establishment) Act 2004 with respect to the appointment of the Chairman of the EFCC by the President of the Federal Republic of Nigeria and the subsequent confirmation of the appointment by the Senate of the National Assembly of the Federal Republic of Nigeria according to the dictates of the law.
He argued that the reason Senate gave for its refusal of Magu’s nomination was a security report, which he said was mere advisory. However, the court held that the locus-standi of the plaintiff to institute the action was doubtful, saying he failed to disclose sufficient stake or peculiar interest of the plaintiff above others that entitled him to institute the action.
Meanwhile, the Senate has asked President Muhammadu Buhari to as a matter of urgency sack the Acting Chairman of the Economic and Financial Crimes Commission, EFCC, Ibrahim Magu.
According to the Senate, failure to do that, it would henceforth not attend to nominations from the Presidency, just as it vowed that it will not in any way, jettison its earlier position on the EFCC boss.
According to the Senate, the impasse would persist until its power of confirmation of nominees to the boards of commissions established by enabling laws, but not listed in the 1999 Constitution as amended was clarified.
Senate spokesman, Sabi Abdullahi made this known yesterday while clearing the air on the controversies surrounding its suspension of the confirmation of nominees from President Muhmmadu Buhari.
Similarly, the Senate yesterday resolved to summon the Inspector General of Police, Ibrahim Idris, over the failure to meet the two-week ultimatum to arrest those who perpetrated the New Year Day attacks in Guma and Logo Local Government Areas of Benue State.
The Senate’s decision was sequel to a point of order raised by Senator Joshua Lidani, who demanded for the appearance of the IGP before the Senate.
Lidani said the two weeks given to Idris to arrest the killer herdsmen has expired and nobody has been arrested in connection to the killings in the state.
According to him, “two weeks was given to the IGP to arrest and arraign the killers, up till now, no arrest has been made, no information has been brought before us.
“Therefore, I want us to summon the IGP to appear before the Senate to give us update.”
Thereafter, the Senate unanimously adopted the request of Lidani for Idris to appear before the Joint Senate Committee on Police and National Security with his report.
In his remarks, the Senate President, Dr. Abubakar Bukola Saraki said the resolution of the Senate must be taken seriously and therefore the IGP must appear before the relevant Senate Committee to give the update.
Saraki added that the Senate is not going to be doing what is necessary until people are accountable.
“Something needs to be done,” he said.
Rivers State, Sir Siminalayi Fubara, has assured members of the National Youth Service Corps (NYSC) of his administration’s commitment to supporting and strengthening the scheme in the State.
Fubara gave the assurance last Friday at the NYSC permanent orientation camp, Nonwa-Gbam, Tai Local Government Area in the State, during the swearing-in ceremony of 2026 Batch B Stream II orientation course.
Represented by the Permanent Secretary, Cabinet Bureau, Office of the Secretary to the State Government, Dr. Promise Oguzie, the governor said the State Government would remain intentional in providing the necessary support to improve the NYSC scheme and enhance the experiences of corps members deployed to the state.
He charged the corps members to be role models and quality nation-builders in their service to the good people of Rivers State in particular, and Nigeria at large.
“I charge you to be exemplary, dedicated and committed in all you do. Take full advantage of all the camp programmes and activities to enrich yourselves”, he said.
In his welcome address, the State Coordinator of NYSC in Rivers State, Mr. Moses Oleghe, urged corps members to see their deployment to Rivers State as a “veritable opportunity to make meaningful contribution to the growth of the State in particular and Nigeria at large.”
He further charged them to serve with all sense of “integrity, discipline, and the fear of God, especially when they will be engaged as INEC ad-hoc staff that will conduct the 2027 general elections.”
A total of 3,584 corps members composed of 1,421 males and 2,163 females were sworn in by the Chief Judge of Rivers State, who was represented by Justice Godspower Aguma.
Governor of Rivers State, Sir Siminalayi Fubara, says Nigeria needs God-fearing leaders for the nation to move in the right direction and make meaningful progress.
The Governor stated this yesterday when he received in audience, the World President of the Seventh Day Adventist Church, Pastor Erton Kohler; his wife, Andriene Marques Kohler; daughter Mariana Marques Kohler and a retinue of ministers of the church at Government House, Port Harcourt.
Fubara who hailed the Seventh Day Adventist Church for its contributions to education and the grooming of future leaders in Nigeria, expressed delight that the Church had over the years, been investing in education at various levels and currently runs two universities in the country.
He commended the church for not only using its institutions to spread the gospel of Christianity but to groom future leaders for the country.
According to him, religion should not be just about defending one’s faith, but also making meaningful impact on the lives of the people.
He said that by floating these educational institutions, the church has demonstrated capacity to support Nigeria in the task of producing not only educated people but a breed of God-fearing leaders.
“Our country is where it is today because we lack the fear of God. If you have the fear of God, there should be a limit to what you can do because you understand the supremacy of God. But when God is not in your equation, you’ll go beyond the line and that is what has brought us to where we are today.
“So, I feel very happy that you are contributing to the development of our future leaders in this country. We need the right people being in the right place; prepared properly with good minds; that is what we need, not just in Nigeria but round the whole world.,” he said.
Governor Fubara further observed that the absence of God-fearing people in high places to take the right decisions that could impact positively on the society, has also given rise to other problems such as social inequality, poverty, corruption and criminality. According to him, Nigeria needs a system where the average parent could afford quality education for their children and a guarantee that upon graduation, the average child will have the capacity to compete favourably with anybody, anywhere in the world.
“If we have a situation where the little money that you’re being paid as wage can also afford you quality healthcare and after working at least for 15-20 years, you have a roof over your head, tell me why you should be involved in any kind of crime? At that point, you’ll feel secured and this attitude of insecurity about the future that leads to all the social vices we have today won’t be there,” he said.
Governor Fubara expressed appreciation to the delegation for the visit and for their prayers for Rivers State, assuring them of his continued support for their programmes in the state.
Leader of the delegation and World President of the Seventh Day Adventist Church, Pastor Erton Kohler said he was in Nigeria for a special conference of the church during which thousands of the church’s ministers will be undergoing an empowerment programme to further equip them for the task of herding their flocks and serving the society.
He expressed gratitude to the Governor for the warm reception accorded his entourage, saying the memory of the visit will linger in his mind for a lifetime.
Kohler disclosed that the Church has over twenty -four million (24,000,000) members and more than 182,000 places of worship, spread across 212 countries of the world.
The Rivers State House of Assembly has approved the 2026–2028 Medium Term Expenditure Framework (MTEF) submitted by Governor Siminalayi Fubara.
This reaffirms the lawmakers’ commitment to enacting laws and taking legislative actions geared towards the overall development of the State.
The Assembly gave the approval during its Second Legislative Sitting of the Fourth Session held last Friday.
Speaking on the MTEF document during plenary, the House Speaker, Rt. Hon. Martin Amaewhule, noted that by the provision of Section 10(1)(b) of the Rivers State Fiscal Responsibility Law No. 8 of 2010, the MTEF ought to have been laid before the House in September 2025.
Amaewhule explained that traditionally, the document is expected to be presented four months before the commencement of the next financial year and immediately after the expiration of every three-year fiscal cycle.
He, however, stated that in the interest of the State and its people, the House considered it necessary to deliberate on the document, describing it as a precursor to the 2026 Budget Estimates.
The Speaker expressed concern that the year had already progressed significantly before the presentation of the framework.
During deliberations on the document, members examined the assumptions and projections contained in the MTEF and observed that strict adherence to the outlined fiscal parameters would ultimately serve the interest of Rivers people.
The lawmakers maintained that effective implementation of the framework would promote prudent financial management and enhance developmental planning across the State.
Following the debate and positive consideration by members, the Speaker put the question to the House and members voted overwhelmingly in support of the approval of the MTEF.
Meanwhile, during the same sitting last Friday, the House also received a petition from the Chairman of Obio/Akpor Local Government Council, Dr. Gift Worlu.
The petition was presented by the member representing Obio/Akpor Constituency II, Hon. Emilia Amadi.
According to the petition, concerns were raised over an imminent security breach, threats to lives, destruction of property and alleged forceful takeover of property by some lawless persons within parts of the Local Government Area.
Presenting the petition before the House, Hon. Amadi appealed to the lawmakers to revisit the matter and take necessary steps aimed at safeguarding lives and property in the affected communities.
The House is expected to further deliberate on the petition and consider measures to address the concerns raised in order to sustain peace and security in the area.
King Onunwor
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