A legal challenge to the appointment of the new head of the Economic and Financial Crimes Commission, EFCC, Mr. Olanipekun Olukoyede, has been filed in two different courts by two lawyers, Mr. Stanley Okawara and Mr. Maxwell Opara.
The first suit, with the number: FHC/KN/CS/280/202, was brought to the Kano Division of the Federal High Court, while the second suit, with the number: FHC/ABJ/CS/1410/2023, was filed at the Abuja Division.
The Kano court, presided over by Justice Abdullahi Liman, has scheduled October 30 as the date for hearing a motion that seeks to stop Mr. Olukoyede from performing his duties or receiving any benefits as the EFCC chairman until the suit is resolved.
The plaintiff’s counsel, Mr. Jideobi Johnmary, had applied for an interim injunction against Mr. Olukoyede, who was confirmed by the Senate on October 12, but Justice Liman ordered him to notify all the defendants about his application.
The defendants in the case are President Bola Tinubu, the Senate President, Godswill Akpabio and the EFCC.
The court also instructed the plaintiff to add both Mr. Olukoyede and the Secretary of the Commission, Muhammad Hammajoda, as 4th and 5th defendants respectively.
Furthermore, the court granted leave to the plaintiff to serve President Tinubu by delivering a copy of the suit to the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN.
The court also allowed for substituted service of the suit on the Senate President through the clerk of the Senate.
The court reduced the time for all the defendants to appear and file their responses to 15 days.
The plaintiff is asking the court to decide, among other things, “whether the 1st defendant (Tinubu) has the constitutional authority to appoint someone who is not a current or former member of any government security or law enforcement agency with a rank of at least Assistant Commissioner of Police or equivalent as the Chairman of the 3rd defendant, based on the provisions of Section 1(1), 1 (2), and (3), 4 and 15(5) of the Amended 1999 Constitution of the Federal Republic of Nigeria and Section 2 (1) (a) of Economic and Financial Crimes Commission (Establishment) Act 2004.
“Whether the 2nd defendant (Akpabio) has the constitutional authority to receive and review for screening and confirmation by the Nigerian Senate someone who is not a current or former member of any government security or law enforcement agency with a rank of at least Assistant Commissioner of Police or equivalent as the Chairman of the 3rd defendant, based on the provisions of Section 1(1), 1 (2), and (3), 4 and 15(5) of the Amended 1999 Constitution of the Federal Republic of Nigeria and Section 2 (1) (a) of Economic and Financial Crimes Commission (Establishment) Act 2004.”
The plaintiff also wants the court to issue an order “preventing anyone (appointed by the 1st defendant) who is not a current or former member of any government security or law enforcement agency with a rank of at least Assistant Commissioner of Police or equivalent (with 15 years relevant experience) from taking up or performing the duties or exercising the powers of the chairman of the 3rd defendant.”
“An order nullifying and setting aside – as a nullity- the appointment and ratification as chairman of the Economic and Financial Crimes Commission, of anyone who is not a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent (with 15 years cognate experience) in the event those appointment and ratification take place before the judgment of this Honourable Court is delivered in this case.”
Meanwhile, in the case pending in Abuja, the plaintiff, Opara, is praying the court to determine; “Whether having regard to Section 2 (1)(a)(i) of the Economic and Financial Crimes Commission (Establishment) Act, 2004, it is unlawful and a void act for a person not statutorily qualified to be appointed by the President Federal Republic of Nigeria to hold the office of the chairman of the Economic and Financial Crimes Commission who, by law, shall be the chief executive and accounting officer of the commission.
“Whether having regard to 2 (1) (a)(iii) of The Economic and Financial Crimes Commission (Establishment) Act, 2004, the appointment of the Chairman of the Economic and Financial Commission who by Law shall be the Chief Executive and Accounting Officer of the Commission on the 12th day of October, 2023, is void abinitio, conferring or extinguishing no legal rights whatsoever for not possessing atleast 15 years’ cognate experience of law enforcement.
“Whether the sole qualification of being a legal practitioner can equate the to the rank of any government security or law enforcement agent in Nigeria without formal enrolment into same.
“Whether the 4th defendant who is not an active nor a retired security agent or law enforcement agent but a legal practitioner of not less than 22 years’ Post-call and 6 years’ experience of rendering administrative services within the commission is qualified to be appointed as the Chairman of the Economic and Financial Crimes Commission who by Law shall be the Chief Executive and Accounting Officer of the commission.
“Whether the President, Federal Republic of Nigeria, has unfettered discretion to bluntly disregard the provisions of the law donating and guiding in exercising his power to appoint a chairman for the commission as donated under section 2 (3) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.”
Listed as 1st to 4th defendants in the matter that is yet to be assigned to a judge for hearing, are President Tinubu, the AGF, EFCC and its embattled chairman, Olukoyede.
