The Nigerian Federal High Court in Abuja has dismissed a lawsuit seeking the removal of Ola Olukoyede as the chairperson of the Economic and Financial Crimes Commission (EFCC).
Judge Obiora Egwuatu based his decision on the grounds that the applicant, Mr. Victor Opatola, lacked the legal standing (locus standi) to bring the case to court.
Opatola, an Abuja-based legal practitioner, had filed the suit against President Bola Tinubu challenging Olukoyede’s appointment to the EFCC chairmanship.
He argued that Olukoyede did not meet the statutory years of service required for the position.
Opatola had, among others, raised for determination: whether by the true construction and interpretation of Section 2 (1) (a) of the EFCC Act 2004, Olukoyede, who has not fulfilled the conditions of the Act can be validly appointed as EFCC chairman.
He also asked the court to determine whether by the true construction and interpretation of Section 2(1)(a) of the EFCC Act 2004, the person appointed to the office of the chairman of the EFCC can be said to be above the rank of assistant commissioner of police or its equivalent.
“Whether by the true construction and interpretation of Section 2(1)(a) (iii) of the EFCC Act 2004, the interpretation of subsection (iii) should be read disjunctively of subsection (ii) of the act in a manner that Olukoyede, who was appointed to the office of the chairman of EFCC can be said to have 15 Years of cognate experience in any field outside the government security or law enforcement agency.”
The respondents, including the President of Nigeria, National Assembly, Attorney-General of the Federation (AGF), and Olukoyede himself, urged the court to dismiss the suit for lacking merit.
Olukoyede, represented by Olumide Fusika, SAN, contested Opatola’s standing to bring the case and defended his qualification for the EFCC chairmanship.
He pointed out his prior role as the commission’s secretary, a Grade Level 17 position, which he argued exceeded the rank of an Assistant Commissioner of Police (Grade Level 14).
After hearing arguments from all parties, Justice Egwuatu adjourned the case for judgment.
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