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Nigerian Court Rejects Bid to Remove EFCC Chairman, Olukoyede, Says Applicant Lacks Legal Standing To Bring Suit

Justice Obiora Egwuatu, in a judgment, on Wednesday dismissed the suit on the grounds that the applicant lacked locus standi (legal right) to institute the case.

Asuit seeking the sacking of Ola Olukoyede as the Chairman of the Economic and Financial Crimes Commission (EFCC) has been dismissed by a Federal High Court in Abuja.

Justice Obiora Egwuatu, in a judgment, on Wednesday dismissed the suit on the grounds that the applicant lacked locus standi (legal right) to institute the case.

An Abuja-based legal practitioner, Mr Victor Opatola, last year sued President Bola Tinubu over the appointment of Olukoyede, NAN reports.

Opatola, in the suit filed at the Federal High Court, Abuja, challenged the validity of his appointment on the grounds that he did not meet the years of service required by law for the office of chairman of the anti-graft agency.

The President of Nigeria, National Assembly, Attorney General of the Federation (AGF) and Olukoyede are first to fourth respondents respectively in the suit marked: HC/ABJ/CS/1403/2023.

Justice Obiora Egwuatu of a Federal High Court in Abuja had adjourned till June 19, for judgment in the suit.

The judge fixed the date for judgment after lawyers representing parties adopted and argued their briefs of arguments for and against the suit.

Adopting his brief, Opatola urged the court to discountenance and dismiss the objections and prayers of the defendants and grant the reliefs sought in the suit.

However, the respondents argued otherwise, praying the court to dismiss the suit for lacking in merit.

Olukoyede, who was represented by Olumide Fusika (SAN), challenged the legal authority of the plaintiff to institute the suit in the first place.

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.

After listening to all parties in the suit, Justice Egwuatu subsequently adjourned to June 19 for judgment.

Amongst the issues Opatola raised for determination are: 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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