By Vivian Okejeme Abuja—
Attorney General of the Federation and Minister of Justice, Abubakar Malami, (SAN) has written to the Acting Chief Judge of the Federal High Court Abuja, Justice Abdul Kafarati, over 17 suits for and against confi rmation of Ibrahim Magu as Chairman of the Economic and Financial Crimes Commission, (EFCC) by the National Assembly. Malami in the memo, demanded the acting Chief Judge consolidate all the seventeen suits to avoid confl icting judgements by judges under court’s jurisdiction on the multiple cases in same matter.
When the matter came up, yesterday, a State Counsel from the Federal Ministry of Justice, Musa Abdul, made the revelation, before Justice Gabriel Kolawole of the Federal High Court Abuja. Justice Kolawole is hearing one of the suits, wherein an Abujabased Senior Advocate of Nigeria, Jibrin Okutepa is challenging the National Assembly over its power to confi rm the appointments of ICPC and EFCC Chairmen as it runs contrary to the provisions of the 1999 Constitution, as amended. Abdul said: “My Lord, the AGF has written a memo to the acting Chief Judge of the Federal High Court requesting that seventeen suits in respect of the Chairman of the EFCC be consolidated to avoid the court giving confl icting decisions on suits with the same subject matter.
” He said the suits were presently before the Chief Judge and that he had replied and assured “to take necessary action in respect of the multiplicity of suits.” In the suit fi led by Okutepa, marked FHC/ABJ/CS/318/2017, the President of the Federal Republic of Nigeria; the Attorney General of the Federation; the NASS; the President of the Senate; and the Senate are 1st, 2nd, 3rd, 4th and 5th defendants respectively. By the suit, Okutepa is seeking an order of the court to set aside, strike down or nullify Section 2(3) of the Economic and Financial Crime Commission Act and Section 3(6) of the Independent Corrupt Practices and other
Related Off ences Commission Act, and to declare it null and void and altogether invalid, ultra vires and inoperative having regards to the provisions of Sub-section 1(1) and (3) of the 1999 Constitution read together with Section 171(1) (2) of the 1999 constitution as amended. However, there was disagreement over legal representation for the Senate President (4th defendant) and the 5th defendant (Senate). Both Peter Abang and S.O Alhassan, had separately announced appearance for the 4th and 5th defendants, a situation the court said it would not condone. Musa Abdul, entered appearance for the AGF. Abang and Alhassan all laid claim before Justice Kolawole that they were individually instructed by the 3rd, 4th and 5th defendants to represent them in the matter.
In a short ruling, Justice Kolawole held that “the 4th and 5th defendants were having 2 legal representation; and as such, they cannot be heard”. “Th e court advises the concerned parties to put their heads together. Having regards to this development, the matter has been adjourned to November 1, 2017, so that the court will be in a position to know the decision of the acting Chief Judge,” Justice Kolawole held.
