Date Published: 08/05/09

Court affirms Waziri’s appointment, dismisses Gani’s suit.

The Federal High Court in Abuja has dismissed all the reliefs sought by Lagos lawyer, Chief Gani Fawehinmi, against the appointment of Mrs. Farida Waziri as the Executive Chairman of the Economic and Financial Crimes Commission, EFCC.

The court in a ruling delivered by the Chief Judge of the Federal High Court, Justice Abdullahi Mustapha also affirmed that Mrs. Waziri was validly appointed head of the anti-graft agency by President Umar Musa Yar’Adua in May 2008.

Fawehinmi had in June 2008 dragged President Yar’Adua, Mrs. Waziri, the Senate, the EFCC and the Attorney General of the Federation to court seeking among others a declaration that the appointment of Waziri was illegal, that the confirmation of her appointment by the Senate was illegal, an order setting aside her appointment and confirmation as well as an order restraining her from acting as the EFCC Chairman.

After taking arguments from both plaintiff and defendants’ counsel in court sittings that spanned a year, the Judge agreed with the submissions of the defendants counsel that the plaintiff lacked the locus standi to institute the action.

According to the certified true copy of the judgment which was obtained on Tuesday, Justice Mustapha stated that “by his own showing, the plaintiff had admitted that the first four years term of Mallam Nuhu Ribadu as Chairman of EFCC had expired. If that appointment had expired and Mallam Nuhu Ribadu has not been reappointed, then the President of the Federal Republic of Nigeria can legitimately take steps to appoint another Chairman of the EFCC.

Section 2(3) of the EFCC Act states that the chairman of the EFCC shall be appointed by the President of the Federal Republic of Nigeria subject to the confirmation of the Senate”.

After due consideration of submissions by both parties, the judge in the final analysis ruled as follows: “the plaintiff has no locus standi to maintain this action”.

“That even if the plaintiff has locus standi to maintain the action, the letter reference no. SGF.50/5.24/11/267 dated 10 th April 2007 signed by the Secretary to the Government of the Federation conveying to Mallam Nuhu Ribadu the approval of the President of the Federal Republic of Nigeria extending Mallam Nuhu Ribadu’s assignment as chairman/chief executive of the Economic and Financial Crimes Commission for another term is inchoate because the approval of the Senate of the Federal Republic of Nigeria was not sought and obtained.

“That Mallam Nuhu Ribadu was not validly re-appointed as chairman of the Economic and Financial Crimes Commission because the re-appointment was not confirmed by the Senate of the Federal Republic of Nigeria.

“That the time of the appointment of Chief Mrs. Farida Waziri as Chairman of Economic and Financial Crimes Commission, the appointment of Mallam Nuhu Ribadu as Chairman of the Economic and Financial Crimes Commission was not subsisting.

“That Chief Mrs. Farida Waziri was validly appointed by the President of the Federal Republic of Nigeria on Thursday, 5 th of June, 2008 as Chairman of the Economic and Financial Crimes Commission”.

Justice Mustapha summed up the judgment by declaring that “the plaintiff’s suit is hereby dismissed”.