EFCC CHAIRMAN: LAWYER ASK COURT TO NULLIFY SENATE CONFIRMATION POWER

A lawyer , Mr . Abubakar Sani , has filed a suit before the Federal High Court in Abuja seeking an order nullifying
Section 2 (3 ) of the Economic and Financial Crimes Commission which subjects the nomination of the President for the Chairman of the EFCC to the confirmation of the Senate .

The plaintiff , in the suit marked , FHC / ABJ /CS / 278 /2017 , joined the Senate, the House of Representatives and the Attorney- General of the Federation as the defendants .
Sani submitted to court as question for determination whether the Senate and House of Representatives were justified to have inserted the provision in Section 2 (3 ) in the EFCC Act , given the fact that by virtue of Section 216 ( 2 ) of the Constitution , the appointment of the head of the Nigeria Police Force is subject to such condition .

He asked the court to declare that , to the extent that Section 2 ( 3 ) of the EFCC Act seeks to subject the appointment by the President of the Chairman of the EFCC to the confirmation of the first defendant ( Senate) , it is ultra vires and invalid on because it is inconsistent with the spirit and intendment of the Constitution in Section 216 ( 2 )” .

Sani argued that the intention of the provision of Section 216 ( 2 ) of the Constitution was to give the President a free hand in appointing the heads of law enforcement agencies , without such appointment being subject to confirmation by any person /authority.

The lawyer , in a supporting affidavit , said he was aware that by virtue of the provision of Section 216( 2 ) of the Constitution , the appointment of the Inspector General of Police was not subject to the confirmation of the Senate.

He stated , “ I also know as a fact that the appointment by the President of the heads of other security services , such as the State Security Service or Department of State Service , Defence intelligence Agency and National Security Agency are not subject to confirmation by the 1 st defendant .

“ Despite my discrete pleas and advocacy with the first defendant , that it cannot empower itself to confirm whoever the President appoints as the Chairman of the EFCC , the 1 st defendant remains adamant. As such , a dispute has now arisen between us , which I hereby invite this honourable court to resolve . ”

The suit has not been assigned to any judge .

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