Femi Falana, a senior advocate of Nigeria (SAN), says
Olanipekun Olukoyede is qualified to head the Economic and Financial Crimes
Commission (EFCC).
Last Thursday, President Bola Tinubu appointed Olukoyede as
the chairman of the EFCC pending confirmation by the senate.
A group under the aegis of the Alliance for Good Governance
and Due Process had faulted his nomination by the president.
The group argued that his appointment would infringe on a
section of the EFCC act that defines who could be appointed as the agency’s
chairman.
Daniel Bwawa, a chieftain of the Peoples Democratic Party
(PDP), also said the president violated the law by appointing Olukoyede as the
new EFCC chairman.
Bwawa argued that the Olukoyede does not have the requisite
qualifications for the office.
But speaking when he was featured on Sunrise Daily, a
Channels Television programme, Falana said there is no issue with Olukoyede’s
appointment.
“No, there is no issue. The only issue that has been raised,
which for me has to be considered by the government, is that we have in this
country the Federal Character Commission act, and also by virtue of section 14
of the constitution, appointments must reflect the federal character,” Falana
said.
“If you are going to have the EFCC and the ICPC, the heads
cannot come from the same zone. If there are two positions in this country, in
public-serving, one must go to the north, one must go to the south.
“If there are four, two must go to the north, two must come
to the south. If there are six, one must go to each geopolitical zone. That is
the law in Nigeria today.
“I am not comfortable with the fact as of today. The heads
of the EFCC and the ICPC are from the same zone. Apart from that, Mr Olukoyede
is eminently qualified to head the EFCC.”
‘HE HAS ACQUIRED ENOUGH EXPERIENCE’
He said his colleagues who have criticised the appointment
have not perused the relevant law that backs his appointment.
He added that Olukoyede has served in different capacities
in the agency which makes him qualified for the role.
“My colleagues who have criticised the appointment have not
looked at the law, the relevant provision of the EFCC which is section 2 which
provides that the chairman must be at least an assistant commissioner of police
or its equivalent in the security service, or in a law enforcement agency,”
Falana said.
“When Mr Abdulrasheed Bawa was appointed, there were people
saying ‘no, this position is for police officer’. No. If you have served in a
law enforcement agency and you have acquired enough experience, you are
qualified to head the EFCC.
“In the case of Mr Olukoyede, he has been the chief of staff
to the chairman of the EFCC, he has also been the secretary of that body and of
course, a board member by virtue of his position as a secretary of the
commission.
“Now, people are saying no, he hasn’t acquired cognate
experience. The law does not say a cognate experience must be in that agency.
“So, if you have a gentleman who is said to be a regulatory
compliance consultant and who has also worked in the detection of crime or
fraud, accomplished expert in those areas, you cannot say he hasn’t acquired a
cognate experience.
“Cognate experience actually means your acquisition of the
skills in the area we are talking about. It doesn’t mean it shall be in the
EFCC.”
He reiterated that the only area the government has to go
back to the drawing board is to ensure that the anti-graft agencies in the
country are not headed by people from one region.
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