A Nigerian lawyer, Maxwell Opara, has filed a lawsuit at the Federal High Court in Abuja challenging the appointment of Olanipekun Olukoyede as Chairman of the Economic and Financial Crimes Commission (EFCC) by President Bola Ahmed Tinubu.
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In the originating summons, Opara sued Bola Ahmed Tinubu, the Attorney General of the Federation, the EFCC and Olukoyede as defendants. He contends that Olukoyede does not meet the statutory requirements to be appointed as EFCC Chairman based on Section 2 of the EFCC Act.
The lawyer argues that the law specifies the Chairman must be a serving or retired law enforcement agent not below Assistant Commissioner of Police rank and possess at least 15 years relevant work experience. He states Olukoyede lacks these qualifications being a legal practitioner without law enforcement or security background.
Opara accused Tinubu of disregarding the law in appointing someone not qualified and described the action as unlawful and void. He wants the court to nullify Olukoyede’s appointment, restrain him from parading as EFCC chairman and make other related declarations.
In a supporting affidavit, the plaintiff provided background information on Olukoyede’s career mostly as a lawyer in private practice and some administrative roles at the EFCC before his appointment as Chairman. Opara insisted the qualifications stated in the EFCC Act are mandatory.
The lawyer contends that the constitution is supreme and any appointment in violation of the law is invalid. He argues that Tinubu’s powers to appoint the EFCC chairman must be exercised in line with statutory provisions.
Opara urged the court to void the appointment as unlawful and ultra vires the EFCC Act. Hissuit could potentially affect Olukoyede’s position as the new anti-graft chief if the court rules in his favor. The federal government is yet to respond.
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