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
Mr. Ibrahim Magu, acting Chairman of the Economic and Financial Crimes Commission (EFCC). Mr. 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 Mr. Saraki and some of his colleagues, who are listed as defendants in the suit. 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, 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 Mr. 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 Mr. 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 Mr. Magu is coordinating and supervising. In addition, the plaintiff wants the court to determine if Mr. 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 Mr. Magu on 15 December, 2016, given that they all have ongoing cases of financial crimes in various courts. Mr. Oyewunmi similarly wants the court to determine if Saraki and his colleagues acted appropriately in rejecting Mr. 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 Mr. Magu is entitled to fair hearing by Mr. 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 Mr. 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. 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 Mr. Oyewunmi is a court declaration that Mr. Saraki and his colleagues breached the Senate Standing Orders, 2015 (as amended) by participating in the earlier process of Mr. 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 Mr. Magu by Mr. 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.
As a result, the activist wants the court to declare that Mr. Magu is entitled to a fair hearing.
Most crucially, Mr. Oyewunmi is requesting the court to issue an injunction restraining Mr. Saraki from participating in the nomination process as well as one barring his colleagues from doing same.
In an affidavit in support of the originating summons, Mr. Oyewumi averred that on November 9, 2015, President Muhammadu Buhari appointed Mr. Magu as acting Chairman of EFCC, an agency charged with the responsibility of investigating and prosecuting financial crimes.
The activist also stated that while serving as acting President, Vice President Yemi Osinbajo, sent Mr. Magu’s name to the Senate through the Senate President on June 17, 2016, for confirmation as the substantive EFCC Chairman.
Mr. Oyewunmi averred that the Senate President exhibited bias against the confirmation of Mr. Magu by refusing to read the acting President’s letter on the floor of the Senate until July 14, 2016, three weeks after it was sent.
A further sign of the prejudice and conflicting interest, Mr. Oyewunmi submitted, manifested in the refusal of the Senate President and his colleagues to consider Mr. Magu’s nomination until December 15, 2016, when they rejected the nomination six months after reading the letter from the acting President.
“The first or earlier nomination of the 15th Defendant (Mr. Magu) by the President of the Federal Republic of Nigeria for the position of Chairman of the Economic and Financial Crimes Commission (EFCC) was rejected jointly and severally by the 1st to the 13th Defendants on the 15th day of December 2016 without first referring the 15th Defendant to the appropriate committee of the 13th Defendant and at an executive or closed session instead of an open session.
“Without affording the 15th Defendant an opportunity to defend himself on an alleged security report submitted to it by the State Security Service vide a letter dated October 3, 2016 on the unsuitability of the 15th Defendant for the position of Chairman of the EFCC, the 1st to the 13th Defendants jointly and severally, purportedly acting on the said security report by the State Security Service otherwise called the Department of State Services (DSS), rejected the 15th Defendant’s nomination,” averred the activist.
Mr. Oyewunmi also noted that the Senate President, during the passage of a bill to amend the Code of Conduct Bureau and Tribunal Act in October 2016, excused himself from participating in the process because of the possibility of a conflict of interest because of his trial before the Code of Conduct Tribunal. Mr. Oyewunmi stated the Senate President should have acted the same way when the first nomination of Mr. Magu was considered by the Senate.
The President noted the human rights advocate, re-nominated Mr. Magu via a letter dated January 17, 2017, and was read on the floor of the Senate by Mr. Saraki on 24 January.
He observed that Mr. Saraki and his colleagues are yet to consider the second request for Mr. Magu’s confirmation as the substantive EFCC Chairman. Mr. Saraki, noted the plaintiff, was investigated by Mr. Magu for false asset declaration, which culminated in his arraignment and ongoing trial by the Code of Conduct Tribunal.
“The first and prime Prosecution Witness in the trial, Mr. Michael Wetkas, is an officer of the EFCC and a subordinate of Mr. Magu (the 15th Defendant).
“The 2nd Defendant (Akpabio) has a pending case of alleged abuse of office, diversion of public funds and embezzlement during his tenure as the Governor of Akwa Ibom State from 2011 to 2015, and is being investigated by the 15th Defendant, following a petition to the EFCC by a legal practitioner, Mr. Leo Ekpenyong.
“The 3rd Defendant (Jang) is being investigated by the 15th Defendant-led EFCC for allegedly awarding various contracts running into several billions of naira without due process and allegedly diverting ₦2billion Small and Medium Enterprises loan given by the Central Bank of Nigeria during his tenure as the Governor of Plateau State, following a petition by one Hon. S. K. Daniel. The 3rd Defendant is also under investigation for a contract for the supply of water meters to Apt Ideas Nigeria Limited during his tenure as the Governor of Plateau State, sequel to a petition by Mr. Olarenwaju Suraju,” Mr. Oyewunmi said in the affidavit.
He also noted the 4th Defendant (Wammako) is being investigated by the EFCC on allegations of abuse of office, misappropriation of public funds and money laundering while he was the Governor of Sokoto State.
The plaintiff said the 5th Defendant (Stella Oduah) is under investigation by the Magu-led EFCC over a contract fraud in the Ministry of Aviation, while Mr. Theodore Orji, a former governor of Abia State, is facing a similar situation for allegedly misappropriating an N10billion loan granted by to Abia Stat for rural infrastructure development. He is also being investigated for alleged misappropriation of ₦2billion Small and Medium Enterprises loan given by the Central Bank of Nigeria.
Mr. Rabiu Kwankwaso, the 7th Defendant, is currently being prosecuted by the EFCC for corruption-related offenses, including misappropriation of public funds while he was the governor of Kano State, while Mr. Ahmed Sani, a former governor of Zamfara State, is facing charges of money laundering. The situation is the same with Messrs. Danjuma Goje and Adamu Abdullahi, former governors of Gombe and Nasarawa states.
“Each of the 1st to the 11th Defendants subscribed the Oath of Allegiance and Oath of Office for members of the National Assembly under the Seventh Schedule to the Constitution of the Federal Republic of Nigeria 1999 (as amended) to abide by the Code of Conduct contained in the Fifth Schedule to the Constitution which mandates them, among others, not to put themselves in a position where their personal interest conflicts with their duties and responsibilities,” stated Mr. Oyewunmi.
