Two lawsuits have been filed challenging the appointment of the new chairman of the Economic and Financial Crimes Commission, Olanipekun Olukoyede.

The first lawsuit, filed by Stanley Okawara, is pending before the Federal High Court in Kano State. The second lawsuit, filed by Maxwell Opara, is pending before the Federal High Court in Abuja.

The first suit, marked FHC/KN/CS/280/202, was lodged before the Division of the court in Kano State, while the second suit, marked FHC/ABJ/CS/1410/2023, is pending before the Abuja Division

Both lawsuits argue that Olukoyede is not qualified to be appointed as EFCC chairman because he is not a serving or retired member of a government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent.

The first lawsuit reads “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?

“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?”.

While the pending suit 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.

“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.”

Both lawsuits also argue that President Bola Tinubu did not have the power to appoint Olukoyede as EFCC chairman because he does not meet the statutory qualifications.

The lawsuits are seeking orders from the court to set aside Olukoyede’s appointment and restrain him from assuming office.