A Federal High Court, Abuja, on Wednesday, dismissed a suit seeking the sack of Mr Ola Olukoyede as the chairman of the Economic and Financial Crimes Commission, EFCC.
Justice Obiora Egwuatu, in a judgment, dismissed the suit on
the grounds that the applicant lacked locus standi (legal right) to institute
the case.
The News Agency of Nigeria (NAN) reports that an Abuja-based
legal practitioner, Mr Victor Opatola, had filed the suit against President
Bola Tinubu over his appointment of Olukoyede as EFCC chair.
Opatola, in the suit, had challenged the validity of the
appointment on the grounds that Olukoyede did not meet the years of service
required by law for the office of chairman of the anti-graft agency.
He had listed the President of Nigeria, National Assembly,
Attorney-General of the Federation (AGF) and Olukoyede as 1st to 4th
respondents respectively, in the suit marked: HC/ABJ/CS/1403/2023.
However, the respondents prayed the court to dismiss the
suit for lacking in merit.
Olukoyede, who was represented by Olumide Fusika, SAN, in
the last adjourned date, challenged the legal authority of the plaintiff to
institute the suit in the first instance.
Besides, Olukoyede claimed that he is eminently qualified to
occupy the office of EFCC Chairman, having served as secretary of the
commission, a grade Level 17 position, which is higher than the rank of an
Assistant Commissioner of Police, a grade Level 14 position.
He accordingly asked the court to dismiss the suit.
Opatola had, among others, raised for determination: whether
by the true construction and interpretation of Section 2 (1) (a) of the EFCC
Act 2004, Olukoyede, who has not fulfilled the conditions of the Act can be
validly appointed as EFCC chairman.
He also asked the court to determine whether by the true
construction and interpretation of Section 2(1)(a) of the EFCC Act 2004, the
person appointed to the office of the chairman of the EFCC can be said to be
above the rank of assistant commissioner of police or its equivalent.
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