Court of Appeal DecisionsJudiciary & Law Reports

Court of Appeal Declares Magu’s Prolonged Acting EFCC Tenure Unlawful

Reloaded News Desk

The Court of Appeal in Abuja has declared the prolonged tenure of Ibrahim Magu as acting Chairman of the Economic and Financial Crimes Commission (EFCC) unlawful, overturning an earlier Federal High Court decision that had upheld his continued stay in the position.

A three-member panel of the appellate court delivered the judgment on Monday, September 21, 2026, in an appeal filed by Abuja-based lawyer Johnmary Jideobi.

The appeal challenged Magu’s continued service as acting EFCC chairman after the Senate rejected his nomination as substantive chairman on two occasions.

Magu was appointed acting chairman of the EFCC in November 2015 and remained in the position until July 2020, when he was suspended.

The Federal High Court in Abuja had, in a December 2019 judgment, held that the EFCC Establishment Act did not prescribe a specific period within which an acting chairman had to be replaced or confirmed.

The Court of Appeal has now overturned that position and ruled against the prolonged acting tenure.

The case centres on the legal limits of acting appointments to statutory public institutions, particularly where the substantive appointment is subject to confirmation by the Senate.

The judgment relates to Magu’s former tenure and does not affect the current leadership of the EFCC.

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