In a statement issued on Monday, Adegboruwa is also asking the Senate not to entertain any further request for the confirmation of Magu as head of the commission.
This, the lawyer said, was because the acting EFCC boss “defied and rubbished the earlier decision of the Senate” in December, when it declined to confirm his nomination as substantive chair.
The defendants in the suit are the Senate, the Attorney General of the Federation, the EFCC and Ibrahim Magu.
In a 39-paragraph affidavit deposed to by Adegboruwa, he traced his history as a student leader, a human rights activist and pro-democracy campaigner, which credentials he stated qualified him to file the suit.
The lawyer traced the appointment of Magu back to November 9, 2015, contending that he has been functioning in acting capacity beyond the six months allowed by law.
Agboruwa contended in the suit that since the Senate had rejected Magu as substantive chair, he could not function as acting chairman, citing Section 2 (3) of the EFCC Act, which makes confirmation by the Senate, “a condition precedent to the appointment of the EFCC chairman.”
He argued further that since President Muhammadu Buhari activated section 2 (3) of the EFCC Act by forwarding the nomination of Magu to the Senate, he could not defy the decision of the Senate, which rejected Magu for the substantive appointment.
Adegboruwa stated that notwithstanding the clear decision of the Senate not to confirm Magu, he has continued to parade himself in office as EFCC head, “such as when he met with representatives of the United States Embassy on January 6, 2017, clearly defying the decision of the Senate.”
The lawyer then asked the court to restrain the Federal Government of Nigeria, the EFCC and all other authorities, from recognising, treating or in any other manner dealing with Magu as the EFCC chair, either in acting or substantive capacity.
He also sought for a declaration that given his conduct in office so far, his lifestyle and his arrogance to defy the decision of the Senate, “Magu is not a fit and proper person to function in office as chairman of EFCC.”
“Consequently, Adegboruwa asked the court to give an order forthwith directing Magu to vacate and relinquish his office as EFCC chairman, whether in acting or substantive capacity. The lawyer also contends in the suit that all actions taken by the EFCC under the illegal tenure of Magu, especially charges and information filed in court, are illegal, null and void,” the statement said.
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