Hearing of the suit filed against Ibrahim Magu, challenging his continued stay in office as the acting Chairman of the Economic and Financial Crimes Commission (EFCC) has been fixed for February 20 before the Federal High Court, Lagos.
A lawyer and human rights activist, Ebun-Olu Adegboruwa, had dragged Magu before the court, praying it to restrain Magu, from further parading himself as acting chairman of the commission.
Adegboruwa is also asking the Senate not to entertain any further request for the confirmation of Magu as Chairman.
The defendants in the suit are the Senate, the Attorney-General of the Federation, the EFCC and Magu.
However, the matter which had earlier been slated for hearing on Monday suffered set back.
The set back was a result of absence of the trial judge, Justice Mojisola Olatoregun.
The court registrar who issued another hearing for the parties, said the judge is attending workshop.
In a 39 paragraphs affidavit deposed to by Adegboruwa, he traced the appointment of Magu back to Nov. 9, 2015, contending that he had been functioning in acting capacity as EFCC Chairman, beyond the six months allowed by law.
Adegboruwa contended in his suit that since the Senate had rejected Magu as substantive chairman of EFCC, he could not thereafter be illegally functioning in acting capacity.
Citing the provisions of section 2 (3) of the EFCC Act, Adegboruwa argued that the section makes confirmation by the Senate, a condition precedent to the appointment of the EFCC chairman.
He argued that since the provision of section 2 (3) of the EFCC Act was activated by forwarding the nomination of Magu to the Senate, he could not defy the decision of the Senate, which rejected him for the substantive appointment.