The Federal High Court in Abuja has been urged to disqualify Senate President Bukola Saraki and 10 other Senators being prosecuted or investigated by the Economic and Financial Crimes Commission (EFCC) from participating in the process leading to the confirmation of Ibarhim Magu as Chairman of the EFCC.
The request is part of prayers in a suit marked: FHC/ABJ/CS/102/2017 filed in Abuja on Monday by a lawyer, Raji Rasheed Oyewumi.
Other Senators named as defendants are: Godswill Akpabio, Jonah Jang, Aliyu Wammako, Stella Oduah, Theodore Orji, Rabiu Kwnkwaso, Ahmed Sani, Danjuma Goje, Joshua Dariye and Adamu Abdullahi.
Also listed as defendants are the Clerk of the National Assembly, the Senate, the Attorney General of the Federation and Magu.
The plaintiff’s contention is to the effect that, since the Senators are either being tried or investigated for economic and financial crimes in various courts and tribunals by the EFCC under the leadership of Magu, he (Magu) will not be afforded fair hearing by the Senate headed by Saraki.
Oyewumi stated in a supporting affidavit, that Saraki exhibited bias against the confirmation of Magu when he (Saraki) failed to read the letter by Acting President Yemi Osinbajo, seeking the confirmation of Magu, on the floor of the Senate until July 14, 2016 even when he got the letter on June 17, 2016.
He said, in further manifestation of their bias and conflicting interest in the nomination of the 15th defendant (Magu) the 1st defendant (Saraki) together with 2nd to 11 defendants (other named Senators) did not consider the 15th defendant’s nomination until December 15, 2016 when they rejected Magu’s nomination six months after the letter was read in the floor.
The plaintiff said the Senators flouted the Senate Standing Orders when they acted on the letter by rejecting Magu’s nomination without first, referring Magu to the appropriate committee of the 13th defendant (Senate), an executive or closed session instead of an open session.
He added that unlike when he recused himself from the proceedings leading to the passage of the Bill for the amendment of the Code of Conduct Bureau and Tribunal Act on October 27, 2016 because of his ongoing prosecution at the CCT, Saraki failed to recuse himself when the Senate was considering the confirmation of Magu.
The plaintiff identified some of the cases against the Senators, which Magu and his EFCC are currently handling.
“The 1st defendant (Saraki) was investigated by the 15th defendant on allegation of false declaration of assets which culminated in the 1ts defendant’s arraingment and ongoing prosecution at the CCT in charge No: CCT/ABJ/01/2015, and a prime prosecution witness in the trial, Michael Wetkas is an officer of the EFCC.
He said Akpabio was being investigated by the EFCC over allegation of abuse of office, diversion of public funds and embezzlement in relation to a petition by a lawyer, Leo Ekpeyong.
The plaintiff said the 3rd defendant, (Jang) was being investigated by Magu’s EFCC for allegedly awarding various contracts running into several billions of naira without due process and allegedly diverting N2billion Small and medium Scale Enterprises loan gibven by the Central Bank of Nigeria (CBN) during his tenure.
The case is yet to be assigned to any judge for hearing.
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