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

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.
READ ALSO: Senate Confirms Nomination Of Olukoyode, Hammajoda As EFCC Chairman, Secretary
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?
READ ALSO: Tinubu Violated EFCC Extant Laws Appointing Olukoyede As Chairman, Group Alleges
“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.
READ ALSO: JUST IN: Tinubu Appoints New EFCC Chairman
“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
Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria
Senator Adams Oshiomhole has called on the Federal Government to retaliate against South African businesses operating in Nigeria following the recent attacks on Nigerians in South Africa.
Speaking during plenary on Tuesday, Oshiomhole said the Federal Government should consider revoking the working license of South African owned companies such as MTN and DSTV.
He argued that Nigeria must respond firmly to what he described as persistent hostility against its citizens.
READ ALSO:South Africa To Investigate ‘Mystery’ Of Planeload Of Palestinians
“I am not going to shed tears. If you hit me, I hit you. I think it is appropriate in diplomacy. It is an economic struggle,” Oshiomhole said.
He argued that while some South Africans accuse Nigerians of taking their jobs, Nigerians should return home and take over employment opportunities created by major South African companies operating in the country, including MTN and DSTV.
“When we hit back, the President of South Africa will not only talk but will also go on his knees to recognise that Nigeria cannot be intimidated.
READ ALSO:South African Ambassador Found Dead Outside Paris Hotel
“We will not condone any life being lost. If a crime has been committed under the South African law they have the right to bring any such person to justice, but to kill our people as if we are helpless, we will not allow that,” Oshiomhole added.
DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.
News
IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police
The Inspector General of Police, IGP, Tunji Disu, has ordered all police personnel to always have their name tags on their uniforms for easy identification.
Disu disclosed that only police personnel who are undercover are exempted from displaying their name tags.
Speaking on Tuesday, Disu said: “All police officers should have their name tags. All of us on the high table have our names apart from the undercover among us so if you look at all the Commissioners of Police we have our name tags, so it’s not our standard.
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“All the Commissioners of Police are here and that is why we called this meeting, we have list of things like this that we will want to discuss with the Commissioners of Police, we have told them earlier and we will still let them know that every that happens within their area of jurisdiction falls under their control.”
On the issue of state police, the IGP said: “Since we got the signal that the Federal Government of Nigeria intend to establish State Police and since we are the federal police, we decided to take the bull by the horn and put down our own side of what we believe on how the state police should be run.
“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”
News
Court Orders SERAP To Pay DSS Operatives N100m For Defamation
The High Court of the Federal Capital Territory has ordered a non-governmental organization, the Socio-Economic Rights and Accountability Project, SERAP, to pay N100 million as damaged to two operatives of the Department of the State Services, DSS, for unjustly defaming them in some publications.
The court also ordered SERAP to tender public apologies to the defamed officers,
Sarah John and Gabriel Ogundele, in two national newspapers, two television stations and its website.
Besides, the organization was also ordered to pay the two operatives N1 million as cost of litigation and 10 percent post-judgment interest annually on the judgment sum until it’s fully liquidated.
Justice Yusuf Halilu of the High Court of the Federal Capital Territory gave the order on Tuesday while delivering judgment in a N5.5 billion defamation suit instituted against SERAP by the DSS operatives.
The judge found SERAP liable for unjustly defaming the two DSS operatives with allegations that they unlawfully invaded its Abuja office, harassed and intimidated its staff, in September 2024.
READ ALSO:How We Arrested Terror Suspect Who Threatened To Kill Students, Teachers In Abuja — DSS
In the offending publication on its website and Twitter handle, SERAP alleged that the two operatives unlawfully invaded and occupied its office with sinister motives.
The judge held that the publication was in bad taste especially from an organization established to promote transparency and accountability, as nothing in the publication was found to be truthful.
The DSS staff had listed SERAP as 1st defendant in the suit marked CV/4547/2024. SERAP’s Deputy Director, Kolawole Oluwadare, was listed as the 2nd defendant.
In the suit, the claimants – Sarah John and Gabriel Ogundele – accused the two defendants of making false claims that they invaded SERAP’s Abuja office on September 9, 2024..
Counsel to the DSS, Oluwagbemileke Samuel Kehinde, had while adopting his final address in the mater urged the judge to grant all the reliefs sought by his client in the interest of justice.
READ ALSO:DSS Arrests Suspected Gunrunner, Recovers 832 Rounds Of Ammunition
He admitted that although the names of the two claimants were not mentioned in the defamation materials, they had however established substantial circumstances that they are the ones referred to in the published defamation article by SERAP on its website.
The counsel submitted that all ingredients of defamation have been clearly established and the offending publication referred to the two officials of the secret police.
However, SERAP, through its counsel, Victoria Bassey from Tayo Oyetibo, SAN, law firm, asked the court to dismiss the suit on the ground that the two claimants did not establish that they were the ones referred to in the alleged defamation materials.
She said that SERAP used “DSS officials” in the alleged offending publication, adding that the two claimants must establish that they are the ones referred to before their case can succeed.
Similar arguments were canvassed by Oluwatosin Adefioye who stood for the second defendant, adding that there was no dispute in the September 9, 2024 operation of DSS in SERAP’s office.
READ ALSO:Alleged Cyberstalking: DSS Plays Video Evidence In Sowore’s Trial
He said that since SERAP in the publication did not name any particular person, the claimants must plead special circumstances that they were the ones referred to as the DSS officials.
Besides, he said that there is no organization by name Department of State Services in law, hence, DSS cannot claim being defamed adding that the only entity known to law is National Security Agency.
The claimants had in the suit stated that the alleged false claim by SERAP has negatively impacted on their reputation.
The DSS also stated, in the statement of claim, that, in line with the agency’s practice of engaging with officials of non-governmental organisations operating in the FCT to establish a relationship with their new leadership, it directed the two officials – John and Ogunleye – to visit SERAP’s office and invite them for a familiarization meeting.
The claimants added that in carrying out the directive, John and Ogunleye paid a friendly visit to SERAP’s office at 18 Bamako Street, Wuse Zone 1, Abuja on September 9 and met with one Ruth, who upon being informed about the purpose of the visit, claimed that none of SERAP’s management staff was in the country and advised that a formal letter of invitation be written by the DSS.
READ ALSO:DSS, Police Partner NCCSALW To End Terrorism, Mop Up Illegal Arms
John and Ogundele, who claimed that their interactions with Ruth were recorded, said before they immediately exited SERAP’s office, Ruth promised to inform her organisation’s management about the visit and volunteered a phone number – 08160537202.
They said it was surprising that, shortly after their visit, SERAP posted on its X (Twitter) handle – @SERAPNigeria – that officers of the DSS are presently unlawfully occupying its office.
The claimant added, “On the same day, the defendants also published a statement on SERAP’s website, which was widely reported by several media outfits, falsely alleging that some officers from the DSS, described as “a tall, large, dark-skinned woman” and “a slim, dark skinned man,” invaded their Abuja office and interrogated the staff of the first defendant (SERAP).
John and Ogundele stated that “due to the false statements published by the defendants, the DSS has been ridiculed and criticised by international agencies such as the Amnesty International and prominent members of the Nigerian society, such as Femi Falana (SAN)”.
“Due to the false statements published by the defendants, members of the public and the international community formed the opinion that the Federal Government is using the DSS to harass the defendants.”
READ ALSO:SERAP To Court: Stop CBN From ‘Implementing ‘Unlawful, Unjust ATM Fee Hike’
They added that the defendants’ statements caused harm to their reputation because the staff and management of the DSS have formed the opinion that the claimants did not follow orders and carried out an unsanctioned operation and are therefore, incompetent and unprofessional.
The claimants therefore prayed the court for the following reliefs: “An order directing the defendants to tender an apology to the claimants via the first defendant’s (SERAP’s) website, X (twitter) handle, two national daily newspapers (Punch and Vanguard) and two national news television stations (Arise Television and Channels Television) for falsely accusing the claimants of unlawfully invading the first defendant’s office and interrogating the first defendant’s staff.
“An order directing the defendants to pay the claimants the sum of N5 billion as damages for the libellous statements published about the claimants.
“Interest on the sum of N5b at the rate of 10 percent per annum from the date of judgment until the judgment sum is realised or liquidated.
“An order directing the defendants to pay the claimants the sum of N50 million as costs of this action.”
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