Court consolidates 13 suits on Senate confirmation of Magu

Justice Binta Nyako of the Federal High Court Abuja on Monday, put on hold a judgment she was scheduled to deliver in the suit filed by Wole Balogun against the President Muhammadu Buhari and four others, challenging the propriety of the power of the Senate to confirm the appointment of Mr Ibrahim Magu as the Chairman of the the Economic and Financial Crimes Commission (EFCC).

Instead of delivering the judgment, Justice Nyako ordered the consolidation of 12 other suits filed by individuals and corporate organisations, affirming Magu’s appointment by the President or seeking his removal from office.

The 13 suits were filed after the rejection of Magu’s nomination by the Senate for appointment as the substantive Chairman of the EFCC.

When the suit filed by Balogun was called on Monday for judgment , Justice Nyako said the court had received two applications from the office of the Attorney General of the Federation (AGF) and one other defendant seeking for an adjournment and also praying the court to consolidate all suits relating to the appointment of Magu.

The plaintiff (Barrister Balogun) said that the matter was adjourned for judgment and “arresting the delivery of a judgment is strange to our jurisprudence.”

But the Solicitor General of the Federation, Dayo Apata, who appeared for the Federal Government said he needed to correct the impression that it is an arrest of judgment.

He explained that while this case was pending, the AGF) was served with 12 other cases scattered over the country with four of them supporting Magu’s appointment while eight others suits challenging the legality of the appointment.

He said that a letter to the Chief Judge asking for their consolidation was written as far back as July 5, 2017. But the letter was not brought to the court , even though the CJ had approved the consolidation. “So the issue of arrest of judgment does not arise,” Apata added.

He then said, “Having come to the realization that the suits all relate to same subject matter we urge the court to consolidate all the matters.”

The judge agreed that there was a break in communication. She said it would be better to consolidate the suits in order to prevent giving contradictory judgments on suits that have similar facts ,same defendants although different plaintiffs.

She said that irrespective of the fact that Balogun case has been argued and set down for judgment, it should be reopened.

Balogun , however, said that he was not happy but will abide by the court order.

Some of the suits consolidated are suit No. FHC/ YL/ CS /14/2017 between Barr. Bello and AGF pending at FHC Abuja; FHC / KN/ CS/ 59/ 17 Abubakar Sani vs the Senate ; FHC/ABJ/ CS/278/2017 Jibrin Samuel Okutepa SAN v. the President; FHC/ ABJ/ CS/ 318/ 17 Ahmed Tijani Yusuf Esq. & an or v. IMagu.

Others are FHC/ ABJ/ CS/ 227/2017 Lady (Barr.) Chidimma Udebani v. the President & Ors; FHC ABJ/ CS/ 374/17 The Incorporated Trustees of Justice Mission International v. AGF; FHC/ ABJ/ CS/ 378/ 17 Barr. Ali A. Jamila v. President Federal Republic of Nigeria & 4 ors , FHC/ABJ/ CS/ 296/17 Registered Trustees of African Patriotic Youth Assembly v. Mr.Ibrahim Magu& 6 ors.

Others include FHC /ABJ/ CS/ 802/17 Wale Balogun v. The President Federal Republic of Nigeria, FHC/ABJ/ CS/ 469/17 Chijioke Kanu v. Attorney General of the Federation, FHC/ ABJ/ CS/159/17 Johnmary Chukwukasi Jideobi v. The Senate of the Federal Republic of Nigeria.
and one other case.

The matter has been adjourned to June 27, 2O18.