[BREAKING] Eligibility: Court Takes Decision On Suits Seeking To Sack New EFCC Chairman, Olukayode (DETAILS)

[BREAKING] Eligibility: Court Takes Decision On Suits Seeking To Sack New EFCC Chairman, Olukayode (DETAILS)

The Federal High Court has given approval for two separate lawsuits aiming to remove the newly appointed Chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Olanipekun Olukayode.

These suits were filed by legal practitioners, Mr. Stanley Okawara and Mr. Maxwell Opara. The first suit (FHC/KN/CS/280/202) was filed in the Kano state Division of the court, while the second suit (FHC/ABJ/CS/1410/2023) is currently pending in the Abuja Division.

Justice Abdullahi Liman of the Kano court has set October 30 to hear a motion on notice that seeks to restrain the EFCC chairman, whose appointment was confirmed by the Senate on October 12. This motion aims to prevent him from exercising the powers and functions of the office or receiving salaries and emoluments as an occupant of the office, pending the hearing and determination of the suit.

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The plaintiff initially filed an ex-parte application requesting the court to issue an interim injunction against Olukayode. However, Justice Liman instructed him to properly notify all the defendants involved.

The defendants in the matter include President Bola Tinubu, the Senate President, Godswill Akpabio, and the EFCC.

The court directed the plaintiff to include both the EFCC Chairman, Olukayode, and the Secretary of the Commission, Muhammad Hammajoda, as the 4th and 5th defendants in the matter, respectively.

Justice Liman also granted permission for the plaintiff to serve a copy of the court process on President Tinubu through the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN. Additionally, substituted service of the suit on the Senate President through the Clerk of the Senate was approved.

Furthermore, the court shortened the time frame for all the defendants to enter appearance and file their respective processes to 15 days.

The plaintiff is seeking the court’s determination on several legal questions, including whether President Tinubu has the constitutional authority to appoint someone who is not a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police to the position of the Chairman of the EFCC.

In the Abuja case, the plaintiff, Opara, is asking the court to determine if it is unlawful for a person not statutorily qualified to be appointed by the President of Nigeria to hold the office of the Chairman of the EFCC. He also questions whether the appointment of the Chairman on October 12, 2023, is valid, considering the required 15 years of cognate experience in law enforcement.

Opara is seeking an order to nullify Olukayode’s appointment and an injunction restraining him from acting as the Chairman of the EFCC. The defendants in this case include President Tinubu, the Attorney-General of the Federation, the EFCC, and Olukayode.

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