[ICYMI] Magu’s confirmation: Court directs service over hearing notice on Saraki

Andrew Orolua, Abuja.

The Federal High Court in Abuja has directed that another hearing notice on the suit seeking the Senate confirmation of Mr. Ibrahim Magu’s appointment as the substantive Chairman of the Economic and Financial Crimes Commission (EFCC), should be served on the Senate President, Bukola Saraki.

Justice John Tsoho gave the order last week. He said the Court is giving the Senate President the last chance to show appearance in the interest of fair hearing.

He also hinted that the court will proceed to hear the suit on November 6, as adequate notices have been served on the defendant.

Mr. Oluwatosin Ojaomo Esq, an Abuja based lawyer, had filed the suit against the Senate President and one other. The plaintiff is seeking the interpretation of the EFCC Act 2004 following the refusal of Senate to confirm the appointment of Ibrahim Magu as the substantive Chairman of the EFCC.

When the matter came up on the 19th of October, 2017 before Justice John Tosho, the plaintiff who announced appearance for himself informed the court that all the court process has been served on the defendants and that they are aware that the matter is slated for the day for hearing.

He said he was ready to move the two applications pending before the court. One, an originating summons that raises questions for determination about the confirmation and the second a motion seeking an order to commit Saraki to prison for contempt.

In the motion the plaintiff is claiming that Magu’s rejection by the Senate was a contemptuous act the Senate hasn’t been served with the court process in the matter and a hearing notice but ignored it and proceeded to deliberate on the matter.

But the court said that considering the nature of the application and the constitutional doctrine of fair hearing, the Senate President should be given the last chance to show cause why the court will not proceed to hear both applications.

Justice Tsoho consequently adjourned the matter to November 6 for hearing.