The Court of Appeal in Abuja has ruled that Ibrahim Magu’s prolonged tenure as Acting Chairman of the Economic and Financial Crimes Commission (EFCC) was unlawful, overturning an earlier judgment of the Federal High Court that upheld his continued stay in office.

The appellate court delivered the judgment in an appeal filed by lawyer, Johnmary Jideobi, who challenged Magu’s continued occupation of the office after the Senate twice declined to confirm his nomination as substantive chairman of the anti-graft agency.

Jideobi had initially approached the Federal High Court in 2017, arguing that Magu could not remain indefinitely in an acting capacity after lawmakers rejected his nomination. However, the lower court dismissed the suit in 2019, holding that the EFCC Act did not specify a time limit for an acting appointment.

Dissatisfied with the decision, the lawyer appealed, maintaining that the office of the EFCC chairman carries a defined tenure and that Magu’s continued stay after the Senate’s rejection was inconsistent with the law.

In its ruling, the Court of Appeal set aside the earlier judgment and held that Magu’s extended occupancy of the position in an acting capacity was not legally sustainable.

Magu served as Acting EFCC Chairman from 2015 until his suspension in July 2020. During that period, his nomination for confirmation as substantive chairman was rejected twice by the Senate.

The judgment marks a significant development in the long-running legal dispute over the legality of acting appointments and the role of Senate confirmation in appointments to key public offices.