The Abuja division of the Federal High Court has been asked by President Muhammadu Buhari and Abubakar Malami, Attorney General of the Federation and Minister of Justice, to throw out all pending suits seeking to oust Ibrahim Magu, the acting chairman of the Economic and Financial Crimes Commission (EFCC) from office.
According to The Sun, their position was contained in a notice of objections which was released on Monday, October 16.
It was gathered that the notice stated that “The court cannot invoke its judicial powers under Section 6(6)(b) (of the Constitution) to hear and determine this case.”
Magu, the EFCC, the AGF, President Buhari, the Senate and its president, Dr. Bukola Saraki, were listed as defendants in one of the suits marked as FHC/ABJ/CS/227/2017.
The 2 plaintiffs who had filed the suit had prayed to the court for: “A declaration that by re-nominating, re-presenting the name of the 1st defendant to the 5th and 6th defendants for confirmation as the Chairman of the 2nd defendant having being previously rejected twice by the 5th and 6th defendant, the 4th defendant is foisting a candidate upon Nigerians.”
However, in the counter-suit, the president and the AGF challenged the competence of the plaintiff’s suit. The notice stated further: “The plaintiffs do not have sufficient interest in the determination of this matter.
“The plaintiffs’ civil rights were not breached by the defendants. “The plaintiffs did not meet the necessary pre-condition to file this suit.”
“The plaintiffs claim to be concerned Nigerian citizens and legal practitioners, thus imparted upon themselves the right to institute this suit, notwithstanding the fact that the National Assembly (particularly the Senate) is a legal person capable of suing and being sued. The Plaintiffs did not depose to the fact that they were instructed by the Senate or the Senate President to institute this suit.
“The plaintiffs are seeking inter alia an order restraining the 4th defendant from re-nominating or representing the name of the 1st defendant (Magu) to the Senate for appointment as the chairman of the Economic and Financial Crimes Commission.
“My lord, we humbly submit that a perusal of all the processes in the court’s file will reveal that the plaintiffs instituted the action wrongly as they do not possess the locus standi to institute same.
“The plaintiffs have also failed to follow the due process of law in filing this suit and have not brought this action by way of Judicial Review contrary to Order 34 of the Federal High Court (Civil Procedure) Rules.
“This honourable court has therefore been deprived of the jurisdiction to hear and determine this suit.
“And if it is, your lordship has the power to, among other things, strike out this matter in its entirety. We urge your lordship to strike out this matter for want of jurisdiction.”