By Abba Hamisu Sani
Africa-Press – Nigeria. The appointment of Olanipekun Olukoyede as the new Chairman of the Economic and Financial Crimes Commission Chairman (EFCC) by President Bola Tinubu generated divergent views among Nigerians as some are saying it goes contrary to the commission’s act which stipulated that the person to be appointed as EFCC Chairman must among other things have been a serving or retired member of any security or law enforcement agency with 15 years cognate experience of law enforcement ,and must not be below the rank of assistant commissioner of Police.
Most of those who challenged the appointment said the new Chairman lacks the stated requirements.
It could be recalled that President Tinubu suspended and subsequently arrested the former Anti-graft Agency chairman Abudurashid Bawa in June this year for the allegations bordering on abuse of office and was directed to hand over to the director operation of the CommissionSince his arrest Bawa remain in the custody of State Security service without trial.
The appointment of the new EFCC Chairman by President Tinubu
President Tinubu has on Thursday 12 of October 2023 approved the appointment of Ola Olukoyede as the new executive chairman of the Economic and Financial Crimes Commission(EFCC).
Ola Olukoyede who was born in Ikere-Ekiti, Ekiti State on October 14, 1969,he had his university education at Lagos State University; University of Lagos; Institute of Arbitration ICC – Paris, France and University of Harvard (Kennedy School of Executive Education).
He also worked at the law firm of the former Vice President Professor Yemi Osibanjo.
Before his recent appointment Olukoyede was the EFCC Secretary and also served as the Chief of staff to the former EFCC Chairman Ibrahim Magu.
He was a member of the Fraud Advisory Panel (UK) and also a member, Federal Government Technical Committee on the Repositioning of the Nigerian Financial Intelligence Unit.
Ola Olukoyede specializes in corruption research and analysis, and cooperates with Business intelligence gathering and processes.
Why the appointment of Ola Olukoyede as the EFCC leader has received a lot of criticism..
Controversy has continue to trail the appointment of Ola Olukoyede as the new EFCC chairman as many described him as non career Security operative
Daniel Bwala is Abuja based legal practitioner and member of the People’s Democratic Party.Reacting to the appointment on his X handle described the appointment as unlawful and illegal ,adding that it runs foul of the provisions of section 2 of the EFCC Act.
Bwala said the act provides that the person to be appointed as EFCC Chairman must have amongst other things been a serving or retired member of any security or law enforcement agency,have 15 years cognate experience of law enforcement and must not be below the rank of assistant commissioner of Police.
“Olukayode is a private legal practitioner and has never worked or belonged to any security or law enforcement agency as a member.
He added that Olukoyede also does not have 15 years cognate experience as a law enforcement officer, even as he stated that the private legal practice years cannot be equated to the rank in law enforcement.
Attending seminar courses as a private legal practitioner can equate to 15 years cognate experience contemplated by section 2 of the Act.
He only has a stink as Chief of Staff of Magu, the former acting EFCC Chairman and later became a Secretary of the Commission, all of which lasted for less than 6 years” He said.
President Tinubu’s response to the various reactions
Beside the appointment of the new head the Economic and Financial Crimes Commission the President also named Hassan Hammajoda as Secretary of the commission.
Ajuri Ngelale, is the President’s Spokesman. He said the President made the appointments in exercise of his powers as prescribed in section 2 (3) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.
Ngelale ,while reacting to Bwala’s position,insisted that Ola Olukoyede remains the new EFCC Chairman,following President Bola Tinubu approval of his appointment in line with section 2(3) of the economic and Financial Crimes Commission (Establishment) Act.2004.
The Presidential spokesperson disclose this in a statement recently in Abuja ‘Olukoyede’ was the Chief of Staff to the Executive Chairman of the EFCC (2016-2018) and Secretary to the Commission(2018-2020). He was a member of a law enforcement organization as Secretary, in this case the EFCC, as stipulated in the EFCC Act, and as such satisfied every legal detail to be appointed as Chairman.
Section 2(1)(p) of the EFCC Act plainly, ordinarily, and unambiguously established the Secretary to the Commission (that is, EFCC) as its member and head of its administration.” The President’s Special adviser on Media said.
He also cited the Supreme Court’s case, determined in the case of Ejuetami Versus Olaiya & Anor (2001) LPELR-1072 (SC) at Pg.23-24, which states that: “The words used are to be given their ‘ordinary and natural sense’. Therefore the clear, explicit and unambiguous words used in sections 2(1)(a)(i)-(iii), (p), 2(2), 3(1)-(3) and 8(5) of the EFCC Act must be given their ordinary and natural sense in line with the guidelines set by the Supreme Court in its long line of undisturbed judicial precedents”. Tinubu’s media aide said the provision of Section 2(1) sub-paragraph (iii) of the EFCC Act did not state the nature of the experience which a person is required to possess for fifteen (15) years.
“This implies that such cognate experience is presumed to be that of the work or functions of the EFCC acquired anywhere since the EFCC Act did not state where it must be acquired. It is also unambiguous by the provisions of subparagraph (iii) that once a person possessed fifteen (15) years of such cognate (that is., similar or alike) experience, then he has satisfied the provisions of sub-paragraph (iii) of section 2(1)(a) of the EFCC Act.
It is clear from the unambiguous provisions of the EFCC Establishment Act, 2004, that any member of the Commission whether serving or retired who has 15 years’ cognate experience in their chosen career is eligible to be appointed as the Chairman of the Commission.
“Prior to this time, the convention and precedence is that to be qualified for appointment as the Executive Chairman of the Commission, the nominee must be a Police Officer or someone with law enforcement background, particularly in the area of investigation. This has not only exposed the Commission to all manner of vices but has brewed internal wrangling, discontent, and hatred among the Commission’s staff members.”Chief Ngelale added.
The special adviser to President Tinubu on media also averred that It is nonjusticiable to elevate convention above statutory provision. He said It is time to move away from fiction to fact and from convention to strict adherence to the statutory provisions of the enabling Act of the Commission in our constitutional democracy.
“Olukoyede satisfied every legal requirement to be appointed as EFCC Chairman” he said.
The President’s Spokesman said the appointment followed the resignation of the suspended Executive Chairman of the Economic and Financial Crimes Commission (EFCC), Abdulrasheed Bawa.
The President appointed new Secretary for the Anti-graft Agency
The Statement also revealed that President Tinubu also approved the appointment of Hassan Hammajoda as the secretary of EFCC for a renewable term of five years in the first instance ,pending Senate confirmation.
Hammajoda is a public administrator with extensive experience in public finance management who holds a Bachelor of Science degree in Accounting from the University of Maiduguri and a Masters in Business Administration from the same university.
He began his career as a lecturer at the Federal Polytechnic, Mubi. From there, he went into banking, including successful stints at the defunct Allied Bank and Standard Trust Bank.
President Tinubu tasks the new leadership of the Economic and Financial Crimes Commission (EFCC) to justify the confidence given to them in this important national assignment as a newly invigorated war on corruption undertaken through a reformed institutional architecture in the anti-corruption sector remains a central pillar of the President’s Renewed Hope agenda.
However, as President Tinubu made such an appointment of the Economic and Financial Crimes Commission new Chairman which receives heavy criticism from different angles ,there is the need for the new leadership to focus on the genuine fight against the corrupt practices in both the public and private sector.
Corruption as the number one problem affecting all sectors of development in Nigeria needs to be tackled with vigor devoid of nepotism and sectionalism.
On the same vein the President himself must to stick to the rule of law in dealing with issues and problems affecting the progress and development of the country particularly when it comes to anti-corruption crusade
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