On Wednesday, the Federal High Court in Abuja dismissed a suit seeking the removal of Ola Olukoyede as Chairman of the Economic and Financial Crimes Commission (EFCC).
Justice Obiora Egwuatu ruled that the applicant, Mr. Victor Opatola, lacked the legal standing (locus standi) to file the suit. Opatola, an Abuja-based legal practitioner, had challenged President Bola Tinubu’s appointment of Olukoyede, arguing that Olukoyede did not meet the required years of service stipulated by law for the position.
Opatola had listed the President of Nigeria, the National Assembly, the Attorney-General of the Federation (AGF), and Olukoyede as the 1st to 4th respondents in the suit marked: HC/ABJ/CS/1403/2023. However, the respondents contended that the suit lacked merit and should be dismissed.
Olukoyede, represented by Senior Advocate of Nigeria (SAN) Olumide Fusika, contested Opatola’s legal authority to bring the suit. He also asserted his qualification for the EFCC Chairmanship, citing his previous role as Secretary of the commission, a grade Level 17 position higher than the rank of Assistant Commissioner of Police (grade Level 14).
After hearing arguments from all parties, Justice Egwuatu adjourned the case for judgment, ultimately deciding in favor of Olukoyede.
Opatola had asked the court to determine whether, under Section 2(1)(a) of the EFCC Act 2004, Olukoyede’s appointment was valid given his lack of fulfillment of the Act’s conditions. He also questioned whether the appointed chairman needed to be above the rank of Assistant Commissioner of Police or its equivalent and if the requirement for 15 years of cognate experience should be interpreted in isolation from other subsections of the Act.
The court, however, upheld the dismissal, affirming Olukoyede’s qualification and rejecting the plaintiff’s claims.
