A Senior Advocate of Nigeria, Chief Gani Fawehinmi, has sued the Federal Government for appointing a former Assisitant Inspector-General of Police, Mrs. Farida Waziri, as chairman of the Economic and Financial Crimes Commission.

In a suit filed at the Federal High Court, Abuja, on Monday, Fawehinmi argued that by the appointment, President Umaru Yar’Adua breached the oath that he took on May 29, 2007 to uphold the 1999 Constitution.

He named Yar’Adua, Waziri, the Senate, the EFCC and the Attorney- General of the Federation and Minister of Justice as parties to the case.

Fawehinmi asked the court to set aside Waziri’s appointment and her confirmation by the Senate.

He also wants the court to stop Waziri from performing the duties of EFCC chairman because her appointment was “illegal.”

The lawyer, renowned for his commitment to fighting injustice, posed three questions to the court. They are:

- Whether the President has the legal competence to appoint Waziri as EFCC chairman when the incumbent chairman, Mallam Nuhu Ribadu, has not been formally removed, pursuant to Section 3(2) of the EFCC Act 1 of 2004;

- Whether the Senate could exercise its powers pursuant to Section 2(3) of the EFCC Act to confirm the appointment of Waziri when Ribadu has not been removed; and

- If both the appointment and the confirmation referred to in questions above are not in compliance with the EFCC Act and whether same (the appointment and confirmation) can be set aside.

Good move by Nigeria's foremost warrior.
Carry go my man!!!!!!!

I have said it before that Yar a'Dull is even more dubious than his brother friend OBJ.

When it is convenient for him and his AGF and IGP and their soundbite and rhetorics they go on about due process and rule of law.

If you have not follow the constitution to remove RIBADU and use false pretence to send him to some dodgy college in KURU and replace him without formally removing him under the provision of the constitution. That is not due process and following Rule of Law. That is Yar A'dull due process and it is unconstitutional.

Just to make another important point, this same President deceived all Nigerians during his campaign last year that he will declare emergency on power within 100 days of being in government.

Over 365 days has passed he has not declare any emergency, he went on to say that there would be a need for a change in the law to do so.

The question is that did he not know that there would be a need  for such law when he was campaiging. And has he try to bring such legislation need before the House and get turned down. As far as I am concern Yar A'dull is playing the same game like his former boss OBJ with different tactics.

Everyday is for the Thief, one day is for the owner. Nigerians, our one day is coming and by God's Grace it will be soon.

Gani you are welcome Sir.

Welcome to Nigeria - where anything goes

I hope and pray Gani wins this case and our judges will not be compromised but rather give a speedy trial of the case. It is obvious that the woman not only does not deserve teh appointment as she has disqualified herself by standing surety for Akume. Moreover Yara was doing double speak when he said Ribadu was not removed but only going on course only to turn around now and pull a wool over our eyes. Well maybe na because im sabi sey we be original MUNGUNS and no go talk again.
Aluta continua.

Great move. Now if we can only get someone to sue YarAdua for not implementing his Emergency plan of last year, we will be well on our way to waking more people up in that country.

i wish we can have like 50 Gani's den everyone will be on there toes. AMEN

WOW, what a citizen, now imagine if every citizen was doing this, not necessarily sueing but holding people in public office more accountable to the citizenry. However just one question though, unless i am mistaken isn't the federal government under the current constitution immune from prosecution or has such been ammended? Because if you remember that was the excuse EFCC used for not going after ex governors during their tenure.

Sky Blue:

WOW, what a citizen, now imagine if every citizen was doing this, not necessarily sueing but holding people in public office more accountable to the citizenry. However just one question though, unless i am mistaken isn't the federal government under the current constitution immune from prosecution or has such been ammended? Because if you remember that was the excuse EFCC used for not going after ex governors during their tenure.

Sitting governors and President are immune from Criminal Prosecution and actions. In this case Gani is only suing them for unconstitutional acts, they will not have to go to Prison if they have found to have acted ultra vires- outside the constitution.


The court will order them or mandate them to do the right thing.

I am not sure Gani will get a favorable ruling from the courts because the EFCC act states that the President
has the power to hire or fire the EFCC Chairman.

Even though Yar'adull stated initially that Ribadu was being sent to school temporarily, the fact that the President
nominated Waziri as his replacement can be interpreted by the courts as Ribadu being relieved from his job.

Even though Ribadu was not fired overtly, the bottom line is that he has been fired and the President has the power
to do so.

_{by the way, I am not in support or against waziri's appointment}

Sorry u'all, but isnt Waziri 'acting'

Waziri has been confirmed by the senate and has assumed duty. I thought you are in the government.

Obviously not in EFCC. Besides I never said I worked for the government. Working WITH the government is quite different from working FOR the govenrment.

roflmao!!! I say this dude open door make some of us pickbag on this his power oo,

i wish many more could rise up like Gani, we dont have to wait like atiku to fight only when the battle is brought to our doorstep.

Gani has single handedly enriched our judicial system and set a yardstick/ standard for morality and patriotic convictions that continue to aid our consciences. I only hope we all can stand up when it matters most to fight the ills of the land.

God bless Gani.
Amen