A Federal High Court sitting in Abuja has thrown out a suit seeking to sack Olanipekun Olukoyede as chairman of the Economic and Financial Crimes Commission (EFCC).
Justice Obiora Egwuatu who delivered the judgement filed by an Abuja-based lawyer, Mr Victor Opatola,
The suit identified as FHC/ABJ/CS/1403/2023, challenged President Bola Tinubu’s appointment of Olukoyode, arguing that it did not comply with Section 2 (1) (a) of the EFCC Act 2004.
This section stipulates that the EFCC Chairman must be a current or retired member of a government security or law enforcement agency with a rank not below Assistant Commissioner of Police and at least 15 years of relevant experience.
The defendants in the case included the President of Nigeria, the National Assembly, the Attorney General of the Federation, and Olukoyode.
Olukoyode’s lawyer, Olumide Fusika (SAN), argued that the plaintiff lacked the legal standing to file the lawsuit, noting that Olukoyode had previously served as the Secretary of the EFCC at a Grade Level 17 position, which is higher than the rank of Assistant Commissioner of Police.
In his judgment, Justice Egwuatu emphasized the importance of locus standi, which requires plaintiffs to have a direct and substantial interest in a case to prevent the courts from being misused.
He concluded that Opatola did not have the necessary legal standing, rendering the case incompetent and dismissing it for lack of jurisdiction.
Justice Egwuatu stated, “Having held that the Plaintiff lacks the locus standi to institute this suit, this court concomitantly and of necessity lacks the jurisdiction to entertain Plaintiff’s suit. The end result is that this suit must be dismissed for want of jurisdiction, and it is dismissed on that basis.”