The Federal High Court has granted approval for two separate lawsuits aimed at removing the newly appointed chairman of the Economic and Financial Crimes Commission (EFCC), Mr. Olanipekun Olukoyede.
Both lawsuits were filed by legal practitioners, Mr. Stanley Okawara and Mr. Maxwell Opara.
The first lawsuit, marked FHC/KN/CS/280/202, was filed in Kano State, while the second lawsuit, marked FHC/ABJ/CS/1410/2023, is pending in the Abuja Division.
Justice Abdullahi Liman of the Kano court has scheduled October 30 for a hearing on a motion to restrain the EFCC chairman, whose appointment was confirmed by the Senate on October 12, from exercising the powers and functions of the office or receiving salaries and emoluments for the position until the lawsuit is resolved.
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Initially, the plaintiff, represented by his lawyer, Mr. Jideobi Johnmary, had sought an interim injunction against Olukoyede, but the court directed him to notify all defendants.
The lawsuit includes President Bola Tinubu, Senate President Godswill Akpabio, and the EFCC as defendants. Justice Liman also ordered the plaintiff to join Olukoyede and Muhammad Hammajoda, the Secretary of the Commission, as the 4th and 5th defendants, respectively.
The court granted permission for the plaintiff to serve the court process on President Tinubu through the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN.
Additionally, the court allowed substituted service of the lawsuit on the Senate President through the clerk of the Senate and reduced the time for all defendants to enter appearance and file their respective processes to 15 days.
The plaintiff’s main queries include determining whether President Tinubu and Senate President Akpabio had the constitutional authority to appoint a chairman of the EFCC who is not a serving or retired member of any government security or law enforcement agency, below the rank of Assistant Commissioner of Police or equivalent.
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The plaintiff is seeking an order of the court to prevent anyone appointed by President Tinubu from assuming the role or exercising the powers of the chairman of the EFCC unless they meet the specified qualifications.
Additionally, the plaintiff wants any appointment and ratification of the chairman that does not meet these qualifications to be declared null and void.
Meanwhile, in the case pending in Abuja, the plaintiff, Opara, is seeking a determination on the legality of appointing a chairman of the EFCC who does not meet the statutory qualifications. This includes the requirement of at least 15 years of law enforcement experience.
The plaintiff is seeking an order to nullify the appointment of the 4th defendant as Chairman of the EFCC on October 12, 2023, and an injunction to prevent the 4th defendant from presenting himself as chairman of the EFCC.