The Save Nigeria Group (SNG) has dragged the Federal Government to court over the refusal to remove from office the Secretary to the Government of the Federation, David Babachir Lawal and the acting Chairman of the Economic and Financial Crimes Commission (EFCC), Ibrahim Magu.
In an originating summons filed at the Federal High Court by Save Nigeria Group(SNG) and Kingdom Human Rights Foundation International, they groups are seeking for the immediate resignation/sack of Magu and Babachir, as well as their prosecution having been indicted/implicated in various corruption scandals.
The summons brought pursuant to section 88 (1) (b) and (2) (b), section 89 (1) and section 171 (1) and (2) (a) and paragraphs 1 and 2 of part 1 of the 5th schedule of the Constitution of the Federal republic of Nigeria, 1999 (as amended), section 3 and 4 of the EFCC establishment Act, section 1, 2, 3, and 4 of the procurement Act, Rules 010101, 020603 and 020604.
Joined in the suit between the incorporated trustees of SNG and Kingdom Human rights Foundation are: President Federal Republic of Nigeria; Secretary to the Government of the Federation; Mr David Babachir Lawal; The Chairman of the EFCC; Mr Ibrahim Magu; AGF; The Senate of the Federal Republic of Nigeria.
The suit among others seeks the determination whether or not the indictment of the SGF by the Senate is sufficient and reasonable ground to warrant and compile President Buhari to sack or suspend Mr Babachir Lawal as SGF or compel him to resign pending when he is cleared of every allegation of corruption.
Whether or not the indictment for corruption of Babachir Lawal by the Senate should warrant his sack or suspension as to allow the security and anti-corruption agencies investigate the allegations of corruption and prosecute anyone indicted by their investigation in view of the on-going fight against corruption.
Whether or not the Senate has the constitutional powers to recommend the sack or suspension of Babachir Lawal as SGF on grounds of corruption allegation against him and his company in view of section 88 (1) (b) and (2) (b).
The suit further seeks the determination whetehr or not the provision of the Federal Civil Service Rules as applicable to the EFCC and whether under the rules, a person appointed in the acting capacity can act in such capacity for more than six months in view of Rules 010101, 020603 and 020604.
Whether or not the office of the Chairman of the EFCC is vacant on the grounds of the Senate rejection of the nomination and failure to confirm Mr Magu, who has been acting in that capacity for more than six months.
Whether the Senate’s rejection of President Buhari’s nomination of Magu as substantive chairman of EFCC following Senates votes and proceeding of December 15, 2016, is reasonable and lawful ground to warrant and compel Buhari to appoint/ nominate another person as the chairman of the commission without any further delay.