The Court of Appeal in Abuja has overturned a Federal High Court judgment that upheld the continued retention of Ibrahim Magu as the acting Chairman of the Economic and Financial Crimes Commission (EFCC), in a ruling over the legality of his prolonged stay in office without Senate confirmation.

The appellate court delivered its decision on Monday in an appeal filed by Abuja-based lawyer and activist, Johnmary Jideobi, who challenged Magu’s continued leadership of the anti-graft agency after the Senate rejected his nomination as substantive EFCC chairman twice. The appeal arose from a December 4, 2019, judgment delivered by Justice Ijeoma Ojukwu of the Federal High Court in Abuja.

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Jideobi had instituted the original suit in March 2017, seeking Magu’s removal from the EFCC leadership. He argued that Magu, who had served in an acting capacity since 2015, could not lawfully remain in the position indefinitely after the Senate rejected his nomination. The respondents in the case included the Senate, the Attorney-General of the Federation, the EFCC and Magu.

In dismissing the suit in 2019, Justice Ojukwu held that the EFCC Establishment Act did not specify how long an individual could serve as acting chairman. The judge noted that although Section 2(3) of the Act required Senate confirmation for a substantive appointment, it did not prescribe a time limit for an acting appointment, leaving the President discretion over its duration. Dissatisfied with the decision, Jideobi approached the Court of Appeal, insisting that Magu’s tenure had exceeded the statutory limits and that his acting appointment could not continue after the Senate rejected his nomination.

Magu’s time as acting EFCC chairman eventually ended in July 2020, when former President Muhammadu Buhari suspended him amid allegations of misconduct and irregularities, which Magu denied. He appeared before a presidential investigative panel headed by retired Justice Ayo Salami. Mohammed Umar Abba subsequently took over in an acting capacity, before Abdulrasheed Bawa was appointed substantive EFCC chairman in February 2021.

Bawa was suspended by President Bola Tinubu in June 2023, and Ola Olukoyede was later appointed substantive EFCC chairman. The Court of Appeal’s latest decision revisits the legal dispute surrounding Magu’s prolonged acting appointment. Further details of the appellate court’s reasoning and the specific orders made in its judgment were not included in the information available for this report.