News

Eligibility: Court Okays Suits Seeking To Sack New EFCC Chairman, Olukoyede

Published

2 months ago

October 23, 2023

Editor

The Federal High Court has okayed two separate suits seeking to sack the newly appointed chairman of the Economic and Financial Crimes Commission, EFCC, Mr. Olanipekun Olukoyede.

Both suits were brought before the court by legal practitioners, Mr. Stanley Okawara and Mr. Maxwell Opara.

Whereas the first suit, marked: FHC/KN/CS/280/202, was lodged before the Division of the court in Kano State, the second suit, marked: FHC/ABJ/CS/1410/2023, is pending before the Abuja Division.

Already, Justice Abdullahi Liman of the Kano court has fixed October 30 to hear a motion on notice seeking 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 drawing salaries and emoluments as an occupant of the office, pending the hearing and determination of the suit.

Though the plaintiff had through his lawyer, Mr. Jideobi Johnmary, filed an ex-parte application for the court to issue an order of interim injunction against Olukoyede, Justice Liman, however, ordered him to go and put all the defendants on notice.

Cited as defendants in the matter are President Bola Tinubu, the Senate President, Godswill Akpabio and the EFCC.

The court directed the plaintiff to join both the EFCC chairman, Olukoyede and Secretary of the Commission, Muhammad Hammajoda, as 4th and 5th defendants in the matter, respectively.

Justice Liman further granted permission to the plaintiff to serve a copy of the court process on President Tinubu, by serving same on the Attorney-General of the Federation and Minister of Justice, Mr. Lateef Fagbemi, SAN.

Besides, the court okayed substituted service of the suit on the Senate President, through the clerk of the Senate.

It equally abridged the time within which all the defendants should enter appearance and file their respective processes to 15 days.

Specifically, the plaintiff is, among other things, praying the court to determine “whether having regard to the combined provisions of Section 1(1), 1 (2), and (3), 4 and 15(5) of the Amended 1999 Constitution of the Federal Republic of Nigeria, Section 2 (1) (a) of Economic and Financial Crimes Commission (Establishment) Act 2004, the 1st defendant (Tinubu) is possessed of the constitutional powers to appoint anyone who is not a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent to the position of the Chairman of the 3rd Defendant?

“Whether having regard to the combined provisions of Section 1(1), 1 (2), and (3), 4 and 15(5) of the Amended 1999 Constitution of the Federal Republic of Nigeria, Section 2 (1) (a) of Economic and Financial Crimes Commission (Establishment) Act 2004, the 2nd defendant (Akpabio) is possessed of the constitutional powers to receive and consider for screening and ratification by the Nigerian Senate anyone who is not a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent to the position of the Chairman of the 3rd Defendant?”.

Upon determination of the legal questions, the plaintiff wants an order of the court “restraining anyone (appointed by the 1st Defendant) who is not a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent (with 15 years cognate experience) from assuming duties or performing the functions or exercising the powers of the chairman of the 3rd Defendant.

“An order nullifying and setting aside – as a nullity- the appointment and ratification as chairman of the Economic and Financial Crimes Commission, of anyone who is not a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent (with 15 years cognate experience) in the event those appointment and ratification take place before the judgment of this Honourable Court is delivered in this case.”

Meanwhile, in the case pending in Abuja, the plaintiff, Opara, is praying the court to determine; “Whether having regard to Section 2 (1)(a)(i) of the Economic and Financial Crimes Commission (Establishment) Act, 2004, it is unlawful and a void act for a person not statutorily qualified to be appointed by the President Federal Republic of Nigeria to hold the office of the chairman of the Economic and Financial Crimes Commission who, by law, shall be the chief executive and accounting officer of the commission.

“Whether having regard to 2 (1) (a)(iii) of The Economic and Financial Crimes Commission (Establishment) Act, 2004, the appointment of the Chairman of the Economic and Financial Commission who by Law shall be the Chief Executive and Accounting Officer of the Commission on the 12th day of October, 2023, is void abinitio, conferring or extinguishing no legal rights whatsoever for not possessing atleast 15 years’ cognate experience of law enforcement.

“Whether the sole qualification of being a legal practitioner can equate the to the rank of any government security or law enforcement agent in Nigeria without formal enrolment into same.

“Whether the 4th defendant who is not an active nor a retired security agent or law enforcement agent but a legal practitioner of not less than 22 years’ Post-call and 6 years’ experience of rendering administrative services within the commission is qualified to be appointed as the Chairman of the Economic and Financial Crimes Commission who by Law shall be the Chief Executive and Accounting Officer of the commission.

“Whether the President, Federal Republic of Nigeria, has unfettered discretion to bluntly disregard the provisions of the law donating and guiding in exercising his power to appoint a chairman for the commission as donated under section 2 (3) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.”

He is seeking an order, “setting aside and nullifying the appointment of the 4th Defendant as the Chairman of the Economic and Financial Crimes Commission on the 12th day of October, 2023.

“An order of injunction restraining the 4th Defendant, acting by himself or through his agents and servants, from continuing to hold out, present and or parade himself as chairman of the Economic and Crimes Financial Commission.”

Listed as 1st to 4th defendants in the matter that is yet to be assigned to a judge for hearing, are President Tinubu, the AGF, EFCC and its embattled chairman, Olukoyede.

News

World Anti-Corruption Day: Group Decries DSS Impunity, Govt’s Borrowing Habit

Published

16 mins ago

December 11, 2023

Editor

The Foundation for Environmental Rights, Advocacy, and Development, FENRAD, has raised concerns about the impunity of the Department of State Security, DSS, and its disregard for the rule of law in the last eight years.

FENRAD’s executive director, Nelson Nnanna Nwafor, made the observation in Umuahia on Monday on the occasion of the 2023 World Anti-Corruption Day.

According to him, how DSS personnel go about re-arresting people freed by the court has been worrisome.

“Most lamentable is that in the last eight years, the state security service has become an agent of lawlessness. We have witnessed attempts to rearrest someone the court had freed right there inside the courtroom or also instances of inter-agency rivalry,” he said.

The group also condemned the purchase of N160 million worth of vehicles for 469 lawmakers and the purchase of a yacht by the Federal Government. It also decried the nation’s habit of borrowing money to fund its budget and turning around to mismanage such funds on frivolities, to the detriment of poor Nigerians.

The group further cited contradictory judgements from courts in post-election cases as another worrying trend in the country.

FENRAD noted that for corruption to be defeated in Nigeria, the federal and state governments must be genuinely resolved to fight the monster.

News

NECO Awards Scholarships To Best Performing Candidates In 2022, 2023 Exams

Published

41 mins ago

December 11, 2023

Editor

The National Examinations Council, NECO, has awarded scholarships to a total of 14 best performing candidates in the 2022 and 2023 examinations at all levels across the country.

The Registrar/ CEO of NECO, Prof Dantani Ibrahim Wushishi made the disclosure during the Council’s Productivity Award ceremony held in Minna, Niger State.

According to him, the best performing male and female candidates in SSCE 2022 are Asiru Ahmed Opeyemi from Crescent International High School, Sango-Ota, Ogun State, and Obidibo Chioma Blessing.

Okafor Chima Christian from Saint Paul Academy, Jos, and Benson Ifebube Chelsea, from Renaissance Garden Secondary School, Ago-Okota, Lagos, are the best performing students for the 2023.

In the Basic Education Certificate Examination category, for 2022, Akintola Samuel Oluwadaresimi of Apostolic Church College, Sango, Ibadan, and Onochie Chiamada Francis of Igbenedion Educational Centre, Benin, topped the chart as the best performing students while Ekwueme Ikechukwu Excellent from Kimota Science College, Gboko, and Owuye Faheeza Oluwakemi of Maryland Comprehensive School (Junior), Lagos, emerged the best in 2023.

Similarly, the best performing candidates for the National Common Entrance Examination are Bokare Lemuel Ogheneyobre of Kingskidies Nursery and Primary School, Warri, and Chika Ugu Anastasia from Nana Primary School, Warri.

Winners in the gifted children category include Njoku Obinna Adrian of Rosai Kid Montessori School, New Owerri, and Anikwu Princess Kamsiyochukwu from Springfield Academy, Awka.

Also, some staff of the Council, who distinguished themselves in their various areas of duty, were also honoured and given awards by the organization.

News

144, 910 Cases Pending Before Federal High Court In New Legal Year

Published

46 mins ago

December 11, 2023

Editor

The Chief Judge of the Federal High Court of Nigeria, Justice John Tsoho has revealed that a total of 144, 910 cases are pending before the court in new legal year.

The Court in the last legal year had 15, 025 cases filed before it by litigants out of which 12, 870 were effectively disposed off leaving a balance of 2, 155 suits.

At the opening of the legal year of the Court in Abuja on Monday, the Chief Judge explained that the court carried over 142, 755 cases from 2021 to the 2022 legal year, adding that in the 2023 legal year, 15, 025 fresh cases were filed by various categories of litigants.

He noted that the Court would be going into the new legal year with the 144, 910 suits but expressed optimism that judges would rise up to the challenge of disposing the cases as quickly as possible.

The breakdown of the carried over cases showed that 42, 784 are civil cases, 36, 061 criminal matters, 41, 447 are motions while 24, 618 are fundamental rights enforcement suits.

Justice Tsoho who put the current number of judges on the bench of the Court at 95, thanked them for the speedy manner pre-election cases of the 2023 general elections were handled within the time allowed by law.

“We must dispense justice with integrity and without bias, we must display utmost competence and courage as well as dispose cases speedily.

“The Federal High Court will surely rise to the challenges of the future with the same tenacity and commitment that have defined its path thus far,” he said.