published July 15, 2020
Mr Magu’s lawyer Toyin Ojaomo confirmed to Channels Television that the suspended EFCC boss is no longer in confinement.
Earlier on Wednesday, the Inspector-General of Police, Mohammed Adamu, asked Magu, to direct his bail application to the presidential panel.
Mr Oluwatosin Ojaomo, Magu’s legal representative, had asked the IGP to grant bail to his client on “self-recognisance” — after the suspended EFCC chief had spent four days in custody.
But in a letter dated July 14, 2020, and addressed to Mr Ojaomo, the IGP said the police force is not investigating and detaining Magu, so, it cannot grant the bail request.Explaining the reason behind the decision, the Senate said that the security report available to Parliament showed that Magu is not fit to be chairman of the antigraft body.
It also advised the lawyer to redirect his request to the chairman of the presidential panel for appropriate attention.
The letter read in part: “The Inspector-General of Police directs that your attention be drawn to the fact that the Nigeria Police Force is not investigating CP Ibrahim Magu (your client), and he is accordingly, not being detained by the Police but by the Presidential Panel that is investigating the activities of the Economic and Financial Crimes Commission (EFCC).
They argued that Mr. Magu, who has been acting as the EFCC chairman since 2015, after being rejected by the senate, was not fit to continue to serve in that capacity.
However, delivering judgment, Justice Ijeoma Ojukwu held that there was a lacuna in the law by not providing for the timeframe within which a person could act as EFCC’s chairman.
She noted that although the lacuna ought not to be exploited to “install” Magu in office in substantive capacity without the Senate confirmation, it had given the President as the appointor “the proverbial yam and the knife to do as he pleases” with the appointment of the EFCC chairman.
As a result of that, the suits were deemed to be of no moment, and so they were dismissed.