Maxwell Opara, a Nigerian lawyer, has instituted a lawsuit at the Federal High Court in Abuja.
He filed the lawsuit on Wednesday challenging the appointment of Olanipekun Olukoyede as Chairman of the Economic and Financial Crimes Commission (EFCC) by President Bola Tinubu.
Following the listing of Olukoyede for appointment on October 12, there has been different agitations being that he is a legal practitioner.
Background
In Mr. Opara’s originating summons, he named Tinubu, the Attorney General of the Federation, the EFCC, and Olukoyede as defendants.
Opara’s contention centers on Olukoyede not meeting the statutory requirements for the appointment as EFCC Chairman as outlined in Section 2 of the EFCC Act.
Opara’s argument is based on the law’s stipulation that the Chairman must be a serving or retired law enforcement agent not below the rank of Assistant Commissioner of Police, possessing at least 15 years of relevant work experience.
Opara however, asserts that Olukoyede lacks these qualifications as he is a legal practitioner without a law enforcement or security background.
Tinubu is accused of disregarding the law by appointing an individual who does not meet the qualifications, and this action is described as unlawful and void by Opara.
He furthermore seeks the court’s intervention to nullify Olukoyede’s appointment, restrain him from acting as EFCC Chairman, and make other related declarations.
In a supporting affidavit, Opara provides background information on Olukoyede’s career, which primarily involves legal practice and some administrative roles at the EFCC before his appointment as Chairman.
Opara insists that the qualifications specified in the EFCC Act are mandatory.
The lawyer argues that the constitution takes precedence, and any appointment in violation of the law is invalid.
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He maintains that Tinubu’s powers to appoint the EFCC Chairman must be exercised in accordance with statutory provisions.
Opara urges the court to declare the appointment unlawful and beyond the EFCC Act’s scope.