Court will decide on June 19 on the validity of the appointment of Ola Olukoyede as chairman of the EFCC

Justice Obiora Egwuatu of a Federal High Court in Abuja has been suspended until June 19 for ruling on a suit seeking the dismissal of Mr Ola Olukoyede as Chairman of the Economic and Financial Crimes Commission (EFCC).

The judge set the date for the ruling after lawyers representing the parties adopted and argued their summaries of arguments for and against the lawsuit.

An Abuja-based lawyer, Mr. Victor Opatola, had last year dragged President Bola Tinubu to court over Olukoyede’s appointment.

Opatola, in the suit filed at the Federal High Court, Abuja, specifically challenges the validity of his appointment on the grounds that he did not meet the years of service required by law for the office of Chairman of the Anti-Graft Agency.

The President of Nigeria, the National Assembly, the Attorney General of the Federation (AGF) and Olukoyede are the first to fourth respondents respectively in the suit marked: HC/ABJ/CS/1403/2023.

Adopting his brief on Thursday, Opatola urged the court to disregard and dismiss the objections and prayers of the defendants and grant the reliefs sought in the suit.

However, the respondents argued otherwise and requested the court to dismiss the case for lack of merit.

Olukoyede, who was represented by Olumide Fusika (SAN), challenged the legal capacity of the plaintiff to file a lawsuit in the first place.

Furthermore, Olukoyede asserted that he is eminently qualified to hold the office of EFCC Chairman as he has served as Secretary of the Commission, a level 17 position, which is above the rank of a Deputy Commissioner of Police, a position at level 14.

He therefore requested the court to dismiss the claim.

After listening to all parties in the case, Judge Egwuatu subsequently adjourned the matter to June 19 for judgment.

Among the issues raised for decision by Opatola are: Whether Olukoyede, who failed to comply with the terms of the law, on the true construction and interpretation of section 2(1)(a) of the EFCC Act of 2004, can validly be appointed Chairman of the EFCC.

He also asked the court to determine whether on the true construction and interpretation of Section 2(1)(a) of the EFCC Act 2004, it can be said that the person appointed to the office of Chairman of the EFCC is 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) must be read disjunctively from subsection (ii) of the Act in a manner that Olukoyede , who was appointed Chairman of the EFCC, can be said to have 15 years of cognate experience in any field outside the security or law enforcement agencies of government.

“Whether by the true construction and interpretation of Section 2(1)(a)(ii)(iii) of the EFCC Act 2004, the National Assembly can validly confirm the appointment of Olukoyede who has failed to comply with the provisions of the Act met.”

Opatola also requested the court to make further statements in answering the above questions.

“A declaration that pursuant to section 2(1)(a)(ii)(iii) of the EFCC Act, the appointment of Olukoyede to the office of Chairman of the EFCC is unlawful and null and void.

“A declaration that in accordance with section 2(1)(a)(ii)(iii) of the EFCC Act, any confirmation of the appointment of the fourth defendant by the National Assembly shall be null and void and of no legal effect.”

Counsel also asked the court for a perpetual injunction restraining the National Assembly from confirming the appointment of the fourth respondent.

He further prayed the court for an order of perpetual interdiction, barring the fourth defendant from holding office as Chairman of the EFCC.