The matter has been assigned to Justice John Tsoho of a Federal High Court in Abuja. The judge has fixed February 8 for hearing. In his originating summons with suit number FHC/ABJ/CS/59/17, the plaintiff asked Justice Tsoho to hold that the Senate lacked the statutory power to reject the valid appointment of Magu since the action of the President was in consonance with the EFCC ( Establishment) Act , 2004. The lawyer joined the Senate President, Dr. Bukola Saraki, and the Attorney-General of the Federation, Mr. Abubakar Malami, as co-defendants in the suit. In his 19-paragraph affidavit, the lawyer urged the court to hold that Magu had been validly nominated, arguing that the Senate could only demand additional information on Magu in accordance with the statutory requirements as stipulated by the EFCC Act. He also asked the court to hold that the role of the Senate in the appointment of validly nominated EFCC Chairman in the person of Magu by Buhari was to ensure that the action was in conformity with the requirements stipulated in section 2 (1) (a) (I) (ii) (iii) of the EFCC Act. According to the plaintiff, once this requirements were fulfilled by the President, the Senate was statute barred from rejecting presidential appointee, insisting that no such provision was made for rejection of a presidential nominee for the office of the EFCC Chairman in the said EFCC Act.]]>
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