On Wednesday, a petition seeking to remove Mr. Ola Olukoyede from his position as head of the Economic and Financial Crimes Commission (EFCC) was dismissed by a Federal High Court in Abuja.
In a ruling, Justice Obiora Egwuatu dismissed the lawsuit, stating that the petitioner did not have the necessary locus standi, or legal standing, to bring the case.
According to the News Agency of Nigeria (NAN), Mr. Victor Opatola, an Abuja-based attorney, filed the lawsuit against President Bola Tinubu regarding Olukoyede’s appointment as the head of the EFCC.
In the lawsuit, Opatola contested the appointment’s legality, arguing Olukoyede didn’t have the requisite number of years of service to hold the position of chairman of the anti-graft agency.
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In the lawsuit titled HC/ABJ/CS/1403/2023, he had named Olukoyede, the Attorney-General of the Federation (AGF), the President of Nigeria, the National Assembly, and the Attorney General as the first through fourth respondents, respectively.
On the other hand, the respondents asked the court to dismiss the lawsuit as being without merit.
At the most recent postponed date, Olukoyede, backed by Olumide Fusika, SAN, contested the plaintiff’s initial legal capacity to file the lawsuit.
Additionally, Olukoyede asserted that his tenure as the commission’s secretary, a grade Level 17 post higher than that of an Assistant Commissioner of Police, a grade Level 14 position, made him perfectly fit to hold the office of EFCC Chairman.
As a result, he requested the court to throw out the lawsuit.
Among the issues Opatola brought up for consideration were whether Olukoyede, who has not complied with Act requirements, could be rightfully constituted as EFCC chairman under the proper reading and interpretation of Section 2 (1) (a) of the EFCC Act 2004.
Additionally, he requested that the court ascertain whether the individual nominated to the position of EFCC chairman is above the rank of assistant commissioner of police or its equivalent in accordance with the genuine construction and interpretation of Section 2(1)(a) of the EFCC Act 2004.
