Court postpones case challenging appointment of EFCC chairman until 2024


The Federal High Court in Abuja has fixed February 22, 2024 for hearing the case challenging the appointment of Mr. Ola Olukoede as Chairman of the Economic and Financial Crimes Commission (EFCC).

Justice Obiola Egwatu said this on Wednesday after the parties agreed on a date that was convenient for all.

When the matter was called, the plaintiff and self-represented lawyer Victor Opatla told the court that he had received preliminary objections to the suit from the federal government and the federal attorney general.

However, Mr Opatla said he was yet to receive any process from the National Assembly (NASS) and the EFCC Chairman.

Israel Obani, a lawyer representing NASS, told the court that parliament’s legal department only informed his team on Tuesday.

He said he would read the brief carefully and submit a response by the next adjournment date.

EFCC lawyer RO Addakor also told the court that he would get his house in order before the next adjournment date.

The judge then adjourned the matter until February 22, 2024.

The News Agency of Nigeria (NAN) reports that Abuja-based lawyer Mr Opatola has dragged the Federal Government, NASS and the Attorney General to court over the alleged illegal appointment of Mr Olukoede as EFCC Chairman.

NAN also reported that the lawyer in the case had challenged the validity of the appointment of the EFCC chairman.

Counsel urged the court to determine whether the correct reading and interpretation of Section 2(1)(a) of the EFCC Act, 2004 allows Mr. Olukoede, who does not meet the conditions of the Act, to be validly appointed as the EFCC Chairman. I asked for it.

He also determines whether the correct reading and construction of Section 2(1)(a) of the EFCC Act, 2004, allows a person appointed to the office of EFCC Chairman to be said to hold a position not less than that of the EFCC Chairman. asked the court. An assistant superintendent of police or an equivalent person.

“Whether or not according to the true construction and interpretation of Section 2(1)(a)(iii) of the EFCC Act, 2004, the interpretation of subsection (iii), as Mr. Olukoede said, It should be read separately from subsection (ii).The person appointed to the EFCC chairmanship can be said to have 15 years of similar experience in all sectors other than government security and law enforcement agencies. Masu.

“Whether or not by the true construction and construction of section 2(1)(a)(ii)(iii) of the EFCC Act 2004, the National Assembly has given effect to Mr. Olukyoede’s appointment which has not implemented the provisions of the law. can be approved.”

Mr. Opatla also prayed the court to make further declarations based on the determination of the above issues.

“Declaration that the appointment of Mr. Olukoede to the position of EFCC Chairman under Section 2(1)(a)(ii)(iii) of the EFCC Act is unlawful and void.

“Declaration that the confirmation of the appointment of the fourth respondent by the National Assembly pursuant to Section 2(1)(a)(ii)(iii) of the EFCC Act is null and void and has no legal effect.”

The lawyers also asked the court for a permanent injunction restraining the National Assembly from approving the appointment of the EFCC chairman.

He also prayed the court for a permanent injunction restraining Mr. Olukoede from assuming the position of EFCC chairman.

Source: guardian.ng

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