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Tinubu Violated EFCC Extant Laws Appointing Olukoyede As Chairman, Group Alleges

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A Civil Society Group, Center for Democracy and Human Rights, CEDEHUR, weekend, accused President Bola Tinubu, for alleged gross violation of Extant Laws of the Economic and Financial Commission, EFCC, by appointing Mr Ola Olukoyede as Chairman of the Commission on Thursday last week.

The National Secretary, CEDEHUR, Adebayo Ogorry, pointed out that Tinubu allegedly failed to understand that the EFCC Extant laws remain sacrosanct and needed to be strictly adhered to before going ahead to appoint Olukoyede chairman for the Commission.

According Ogorry, Tinubu needs to comply with the EFCC Extant Laws and immediately cancel the appointment of Olukoyede as EFCC’s Chairman, if not he stands to set a wrong precedence for successive administrations, and warned that his action will slip into anarchy.

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It will be recalled that on Thursday last week, President Bola Tinubu appointed Mr. Ola Olukoyede to serve as the Executive Chairman of the Economic and Financial Crimes Commission pending Senate confirmation.

READ ALSO: What To Know About Olukoyede, RCCG Pastor Appointed As EFCC Boss

He said: “Who qualifies to be the Executive Chairman of the Economic and Financial Crimes Commission?

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“To answer this poser, recourse will be made to the highlighted extant provision of the EFCC Establishment Act, 2004: (1) The Commission shall consist of the following members-(a)A chairman, who shall-(i)be the Chief Executive and Accounting officer of the Commission(ii) be a serving or retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent; and(iii) Possess not less than 15 years cognate experience

“The provision is very clear and unambiguous. The functions of the EFCC are not civil in nature. Hence it is a paramilitary organization. That is the rationale behind the inclusion of the police ranking system and its equivalent in other law enforcement agencies as one of the prerequisites for attaining the position of the Executive Chairman.

“Secondly, the person sought to be appointed must not only be a member of the law enforcement family, he must also have 15 years cognate experience. In other words, the person must have the knowledge, skills and abilities in the professional law enforcement activity.

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“This section simply means that not all members of the police force, other Forces and indeed the EFCC can be the EC of the EFCC. A pilot, medical personnel, Admin officer, etc who have 15 years police or paramilitary service, are ordinarily devoid of the cognate experience of enforcing the laws of the EFCC.

READ ALSO: JUST IN: Tinubu Appoints New EFCC Chairman

“This much is gleaned from Section 8 (5) of the EFCC Act which states that: …..all officers involved in the enforcement of the Act shall have the same powers, authorities, privileges (including power to bear arms) as are given by law to members of the Nigerian Police.

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“The words that are underlined simply mean that not all officers or members are involved in the enforcement of the EFCC Act. This is not strange as the EFCC started as a new agency lacking in manpower across the board.

“Therefore, there was a massive recruitment and secondment of personnel of staff from sister agencies to boost the personnel capacity of the EFCC. In other words, there were different entry points. However, the EFCC in its wisdom consciously differentiated all the staff.

“To further buttress this point, the EFCC simply identified the officers who are beneficiaries of Section 8 (5) of the EFCC Act and issued them with a warrant card. Evidently, the officers who do not possess a warrant card are not regarded as equivalent to police officers as envisioned by the EFCC Establishment Act.

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“To put it in context, there are various members of the law enforcement agencies and Military
organisations that are civilians and cannot take on the headship. Examples of these abound in the Nigerian Army and Nigerian Police Force. A person who serves in the EFCC as Chief of Staff (personal staff of the Chairman) or secretary has no law enforcement training as envisioned by the EFCC Act. Just like, the Inspector General of Police (IGP) may consider appointing a non-Police personnel in his office to carry out certain work.

“That does not make the civilian a member of the Police Force in the context of appointment to the headship. Also, a civilian Police pay officer who works with the Police does not become a member of the Police force in the context of appointment as IGP.

READ ALSO: EFCC Arrests 40 Internet Fraudsters In Warri

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“Any appointment that is contrary to the provisions of the Extant EFCC Establishment Act is an assault on the National Assembly which is the constitutional organ responsible for making laws.

“If the Executive is uncomfortable with a provision, the appropriate action will be to beckon on the National Assembly to amend or repeal such provisions. To let such infractions slide is a call to anarchy.”

Meanwhile, the group also alleged that the nominee, Olukoyede is not a personnel that rose through the ranks that make him deserve the proposed appointment based on his track record of service on his entry and positions held before his nomination by President Bola Tinubu to be the Executive Chairman of the Economic and Financial Crimes Commission, EFCC.

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The CSO asserted that, “He (Olukoyede) was appointed as Chief of staff to the erstwhile Chairman of the EFCC, Mr. Ibrahim Magu, and he served in that capacity from 2016 to 2018.

‘He was later appointed the Commission Secretary and he served in that capacity from 2018 to 2019 before he was suspended from Office, and we gathered that same indicted both principal officers were never re-absorbed back to the Commission.

“Dramatically, Olukoyede has been appointed as the new Executive Chairman of EFCC, and we also gathered he was recently invited by the EFCC, and sudden.

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“We have been reliably informed that his offences has been written off, while his salaries and benefits suspended will be all paid while he was on suspension.

“In fact, we are all aware of Olukoyede spending eight years at the Commissio between 2016 to 2023.

“We also queried that how did he manufactured additional 15 cognate years experience as contained in as required by law to as contained in Section 2 (1)(iii) of the Economic and Financial Crimes Commission Establishment Act, 2004?”, Ogorry queried.

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Xenophobic Attacks: Oshiomhole Tells FG To Retaliate Against South African Companies In Nigeria

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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.

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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.

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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.

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DAILY POST reports that several Nigerians in South Africa have reportedly been attacked, and their businesses destroyed, in ongoing xenophobic attacks in the country.

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IGP Orders Officers Display Name Tag On Uniform, Gives Update On State Police

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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.

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“A lot of things were taken into consideration, a lot of comparative analysis was done and it has been transmitted to the National Assembly.”

 

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Court Orders SERAP To Pay DSS Operatives N100m For Defamation

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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.

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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

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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.

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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

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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.

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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

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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.

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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

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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).

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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’

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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.

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“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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