The Presidency has sought to justify the appointment of Mr. Ola Olukoyede as new Executive Chairman of the Economic and Financial Crimes Commission (EFCC).
In a post made on his social media, Mr. Fredrick Nwabufo, one of the newly-appointed retinue of media aides to President Bola Ahmed Tinubu, in an apparent effort to justify his own appointment, said that appointment of Olukoyede is legitimate, despite the clearly stipulated provisions of EFCC (Establishment) Act, 2004.
The Act states amongst other things that the person to be appointed as EFCC Chairman must have 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.
Reacting to the barrage of criticism pouring out on their principal, Tinubu, Nwabufo, in a statement entitled “Quick facts on the legality of appointment of new EFCC chairman“, said:
“Mr. Ola Olukoyede is the new EFCC Chairman. President Bola Tinubu approved his appointment in line with Section 2(3) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.
“Mr 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 organisation 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 (i.e., EFCC) as its member and head of its administration.
“The Supreme Court determined in the case of Ejuetami v. Olaiya & Anor (2001) LPELR-1072 (SC) at Pg.23-24, 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.
“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 its similar or alike 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 the specific place where it must be acquired.
“It is also unambiguous by the provisions of sub-paragraph (iii) that once a person possessed fifteen (15) years of such cognate (i.e., 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 are 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 members of staff of the Commission.
“It is nonjusticiable to elevate convention above statutory provision. 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.
“Mr Olukoyede is not only a trained regulatory compliance officer; he is a specialist in fraud management, compliance management, and corporate intelligence.
“He has more than 22 years of leadership expertise as a fraud examiner. He has led investigations and civil litigation of fraud and financial crimes in international development projects.
“Mr Olukoyede satisfied every legal requirement to be appointed as EFCC Chairman.”
