The Federal High Court in Abuja dismissed a suit seeking the removal of Ola Olukoyede from his position as chairperson of the Economic and Financial Crimes Commission (EFCC). Justice Obiora Egwuatu ruled that the applicant, Victor Opatola, lacked the legal standing (locus standi) to initiate the case.
Victor Opatola, an Abuja-based lawyer, had filed the suit against President Bola Tinubu, challenging Olukoyede’s appointment on the grounds that he did not possess the required years of service mandated by law for the EFCC chairperson. Opatola contended that Olukoyede’s experience did not meet the standards specified under Section 2(3) of the EFCC Act, which requires a chairman to have at least 15 years of experience in a government security or law enforcement agency, at a rank not below that of Assistant Commissioner of Police or its equivalent.
The respondents in the suit, including the President, the National Assembly, the Attorney-General of the Federation (AGF), and Olukoyede, opposed Opatola’s claims. Represented by Senior Advocate of Nigeria (SAN) Adeyinka Olumide-Fusika, Olukoyede argued that he was qualified for the position, having served as the secretary of the EFCC, a role equivalent to a Grade Level 17 position, which is higher than the rank of Assistant Commissioner of Police, a Grade Level 14 position.
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Olukoyede’s defense highlighted his previous roles, asserting that his tenure as chief of staff to the EFCC chairman from 2016 to 2018 and as secretary of the EFCC from 2018 to 2020 provided him with sufficient experience. He maintained that his position as secretary was a senior role that fulfilled the legal requirements.
Opatola’s suit raised critical questions about the interpretation of the EFCC Act, specifically whether Olukoyede’s appointment could be valid without fulfilling the Act’s conditions. Opatola urged the court to interpret Section 2(1)(a) of the EFCC Act 2004 to determine if Olukoyede’s experience was equivalent to the required rank and service period stipulated by the law.
After hearing the arguments, Justice Egwuatu adjourned the case for judgment, ultimately dismissing the suit on the basis that Opatola lacked the legal right to challenge the appointment.
This ruling has significant implications for the governance of the EFCC and underscores the judiciary’s role in interpreting statutory requirements for public office appointments. The controversy surrounding Olukoyede’s qualifications highlights ongoing debates about the criteria for leadership positions in Nigeria’s anti-corruption agencies.
Federal High Court Dismisses Suit Challenging EFCC Chair Appointment
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