Emmanuel OchayiRenowned human rights lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has raised a legal challenge to the appointment of the new Economic and Financial Crimes Commission (EFCC) Chairman, Mr Ola Olukoyede.
He argued that the appointment, along with the current leadership of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), violates the Federal Character Principle.
Join our WhatsApp ChannelMr. Olukoyede’s appointment on 12 October 2023, for a renewable term of four years in the first instance awaits Senate confirmation. However, it has faced criticism from lawyers and analysts who argue that his qualifications do not meet the standard for leading the EFCC.
In a live appearance on the Channels Television program “Sunrise Daily,” on Monday, Mr Falana voiced his concerns about the appointment. He pointed out that the new EFCC Chairman, Mr. Ola Olukoyede, is well-qualified for the role due to his extensive experience and previous positions within the agency. However, Falana stressed that the issue at hand is the geographic representation at the helm of these anti-graft federal agencies.
He said: “There is no issue; the only issue that has been raised and has to be considered by the government is that we have in this country, the Federal Character Commission Act and also by the virtue of Section 14 of the constitution, appointments must reflect Federal Character.”
According to Falana, the Federal Character Commission Act and Section 14 of the constitution require appointments to reflect the diversity of the country. Specifically, he argued that the EFCC Chairman and ICPC Chairman should not come from the same geographical zone. To ensure equitable representation, if one comes from the northern region, the other should come from the southern region.
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“If you are going to have the EFCC and the ICPC, the heads cannot come from the same zone. If there are two positions in the public service, one must go to the North, one must go to the South. If there are four, two must go to the South, two must go to the North. If there are six, one must go to each geopolitical zone. That is the law in Nigeria today.”
“So, I am not comfortable with the fact that the heads of the EFCC and the ICPC are from the same zone. Apart from that, Mr Ola Olukoyede is eminently qualified to head the EFCC. My colleagues who have criticised the appointment have not looked at the relevant provisions of the EFCC which is Section 2.”
This legal challenge adds another layer to the ongoing debate surrounding the appointment of the new EFCC Chairman by President Bola Tinubu. Critics have questioned the legality and constitutionality of the appointment, especially in light of the controversial resignation of the previous EFCC boss, Abdulrasheed Bawa.
As the legal and constitutional debate continues, it remains to be seen how this issue will be addressed and whether the principles of federal character and equitable representation will influence the leadership of Nigeria’s key anti-corruption agencies.
Emmanuel Ochayi is a journalist. He is a graduate of the University of Lagos, School of first choice and the nations pride. Emmanuel is keen on exploring writing angles in different areas, including Business, climate change, politics, Education, and others.
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