The appointment of Ola Olukoyede, a former secretary of the Economic and Financial Crimes Commission (EFCC), as the chairman of the anti-graft agency has sparked some controversies.

FIJ observed that the controversies about Olukoyede arose over questions about his qualification for the position.

President Bola Tinubu appointed Olukoyede as the EFCC chairman on Thursday.

Olukoyede, who hails from Ekiti State, is a pastor at the Redeemed Christian Church of God (RCCG). His appointment makes him the first EFCC chairman from the southern part of the country since 2003.

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CHIEF OF STAFF TO EX-EFCC CHAIRMAN ACCUSED OF MISAPPROPRIATION

Olukoyede was appointed in 2016 as chief of staff to Ibrahim Magu, the acting chairman of the EFCC between 2015 and 2020.

In November 2018, Olukoyede was elevated from that position as the then President Muhammadu Buhari appointed him as the secretary to the EFCC.

Until his first job at the EFCC in 2016, the new chairman had no experience in any security or law enforcement agency. He had only worked as a lawyer, with experience as a regulatory compliance consultant and specialist in fraud management and corporate intelligence.

Four years after he joined the EFCC, Magu, his boss, was suspended on the grounds of misappropriation and insubordination while in office.

SUSPENDED IN 2020

The federal government suspended 12 directors and top staff of the anti-graft agency in connection to Magu’s investigation in 2020. Olukoyede was one of the suspended EFCC officials, and he was never recalled.

Checks by FIJ revealed that George Ekpungu resumed as the new secretary to the EFCC in 2021 and has occupied the position since then.

There is no indication that Olukoyede was in active service of the EFCC or any other related law enforcement agency from the time he was suspended in 2020.

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QUALIFIED OR NOT?

According to Section 2(3) of the EFCC Act, 2005, an EFCC chairman “must 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; possess not less than 15 years experience.”

Based on this stipulation, there have been questions on whether Olukoyede is qualified since he is neither retired nor a serving member of any of the government-owned security or law enforcement agencies.

While commenting on the EFCC act, Tony Idoko, a lawyer, stated that Olukoyede was qualified because of his over 20 years of leadership experience ranging from attorney and consultant to investigation and civil litigation of fraud and financial crimes.

Idoko maintained that Olukoyede’s suspension in 2020 was not as a result of any wrongdoing but “as administrative protocol demanded because the Panel claimed that it wanted unhindered access to documents in the offices of the affected officers”.

The lawyer also claimed that the suspension was lifted after Olukoyede was cleared of wrongdoing by the Justice Ayo Salami-led panel set up to investigate Magu in 2020.

However, Festus Ogun, a Nigerian lawyer, averred that Olukoyede’s appoinment as EFCC chairman is illegal and unconstitutional.

Ogun said that the appointment contravened Section 2(1)(a) of the EFCC (Establishment) Act, 2004, and as such, “He (Olukoyede) is not qualified.”

Tinubu’s appointment of Mr. Ola Olukoyede as the Chairman of the Economic and Financial Crimes Commission (EFCC) is illegal and unconstitutional. Mr Olukoyede’s appointment clearly contravenes Section 2(1)(a) of the EFCC (Establishment) Act, 2004. He is not qualified.

— FESTUS OGUN (@mrfestusogun) October 12, 2023

“Section 2(1)(a) of the Act provides that a person appointed as Chairman of EFCC shall be a serving or retired member of any government security or law enforcement agency not below the rank of ACP or equivalent; and must possess not less than 15 years cognate experience.

“Mr Olukoyede is not a serving or retired member of any government security or law enforcement agency even though he was Ibrahim Magu’s chief of staff between 2016 and 2018. He has not ‘retired’ and is not a serving member of any security or law enforcement agency.

“Similarly, Mr Olukoyede does not possess 15 years cognate experience in any security or law enforcement agency. What is more? He is disqualified for appointment and ought not to have been appointed by the President. The appointment should be withdrawn immediately.”

Interesting times lie ahead as Nigerians wait to see if Olukoyede is indeed suitable for the role.