The Court of Appeal sitting in Abuja has ruled that Ibrahim Magu’s prolonged retention as acting Chairman of the Economic and Financial Crimes Commission after the Senate twice rejected his nomination was unlawful, vindicating the position maintained by former Senate President Bukola Saraki that the legislature acted within its constitutional authority.
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A three-member panel of the appellate court delivered the judgment on Monday in an appeal filed by Abuja-based lawyer Johnmary Jideobi, who challenged Magu’s continued occupation of the office after the Senate declined to confirm him as substantive EFCC chairman.
The court overturned a December 4, 2019 judgment delivered by Justice Ijeoma Ojukwu of the Federal High Court in Abuja, which had dismissed suits seeking Magu’s removal and upheld his continued retention in an acting capacity.
Jideobi had argued that Magu’s acting appointment ended by operation of law after then-President Muhammadu Buhari forwarded his nomination to the Senate and the lawmakers rejected it twice.
The respondents in the appeal were the Senate, the Attorney-General of the Federation, the EFCC and Magu.
Justice Ojukwu had ruled that the EFCC Establishment Act did not prescribe a specific period for which an individual could remain acting chairman of the commission. The trial court consequently held that the President retained the discretion to keep Magu in office in an acting capacity.
The Court of Appeal, however, set aside that decision and reportedly held that Magu could not remain acting chairman indefinitely after the Senate had exercised its statutory confirmation powers and rejected his substantive appointment.
The judgment has renewed attention on statements previously made by Saraki, who presided over the Eighth Senate when Magu’s confirmation was rejected.
Speaking at a public lecture organised by The Covenant Nation on June 12, 2026, Saraki said the decision was based on security reports and the constitutional responsibility of the National Assembly to scrutinise executive appointments requiring legislative confirmation.
“The discretion to confirm or not is ours, and exercising it is not lawlessness—it is the law,” Saraki said.
He argued that a legislature which merely received and approved every proposal from the executive without scrutiny could not be regarded as performing its constitutional duties.
“A legislature which simply receives executive proposals, approves them without scrutiny, and goes home has not fulfilled its constitutional mandate,” the former Senate President said.
Saraki maintained that the framers of the Constitution deliberately divided governmental powers among the executive, legislature and judiciary to ensure accountability and prevent the concentration of authority in one arm of government.
He had similarly explained in 2019 that once the Senate rejected a nominee, the proper course was for the President to nominate another person or, where appropriate, represent the same nominee for reconsideration.
“In the case of the appointment of the chairman of the EFCC, the powers of the Senate are very clear. For any nominee, we are guided by the Constitution. It is an appointment made by Mr President, subject to the confirmation of the Senate, which means the Senate has the power to either say yes or say no,” Saraki said at the time.
He added that where the Senate rejected a nominee for a second time, the appointment remained rejected and the executive was expected to forward a replacement.
Magu was appointed acting EFCC chairman in November 2015 following the removal of Ibrahim Lamorde.
The Senate first rejected his confirmation in December 2016, citing a security report which raised questions about his suitability for the office. President Buhari subsequently resubmitted his nomination.
On March 15, 2017, Magu appeared before the Senate for screening but was rejected for a second time after approximately two hours of questioning on recovered assets, the management of recovered funds, alleged human-rights violations and personnel discipline within the commission.
Saraki later rejected suggestions that the decision was based solely on the security report, explaining that Magu had appeared before the lawmakers but failed to secure their approval following the screening.
“This is our constitutional role, and I don’t think we should personalise or politicise this,” Saraki said.
Despite the Senate’s refusal to confirm him, Magu remained acting chairman until July 2020, when he was suspended by President Buhari amid allegations of misconduct and financial irregularities.
He subsequently appeared before a presidential investigative panel headed by retired Justice Ayo Salami. Magu denied wrongdoing and maintained that the allegations against him were false.
Mohammed Umar Abba, who was then the EFCC Director of Operations, took over in an acting capacity following Magu’s suspension.
The latest Court of Appeal judgment effectively reverses the legal position adopted by the Federal High Court in 2019 and reinforces the requirement that an acting appointment cannot be used indefinitely to circumvent the Senate’s statutory confirmation powers.
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