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The presidency provides eight justifications for the legality of Olukoyede’s appointment as EFCC chairman

In response to complaints, Mr. Ola Olukoyede has been named the new head of the Economic and Financial Crimes Commission (EFCC)

President Bola Tinubu authorized the appointment in accordance with Section 2(3) of the EFCC (Establishment) Act, 2004, according to a social media post by Fredrick Nwabufo, the senior special assistant to the president on public engagement

Daniel Bwala, a supporter of Atiku Abubakr, a Peoples Democratic Party (PDP) candidate and former vice president, referred to Olukoye’s appointment as illegitimate and unlawful

Olukoyede was not qualified for the position, according to some Nigerians on social media who followed the same line of argument

Nwabufo listed the explanations as follows:

1. Mr. Olukoyede served as the Executive Chairman of the EFCC’s Chief of Staff from 2016 to 2018 and the Commission’s Secretary from 2018 to 2020. He complied with all legal requirements to be named Chairman since, as required by the EFCC Act, he served as Secretary of a law enforcement organization, in this case the EFCC

2. The Secretary to the Commission (i.e., EFCC) was clearly, regularly, and unmistakably established as a member of the Commission and in charge of its administration under Section 2(1)(p) of the EFCC Act

3. In Ejuetami v. Olaiya & Anor (2001) LPELR-1072 (SC) at Pg. 23–24, the Supreme Court ruled that the words used must be given their “ordinary and natural sense.” To comply with the standards established by the Supreme Court in its extensive body of unchallenged legal precedents, the 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 its ordinary and natural connotation

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4. The EFCC Act’s Section 2(1) subparagraph (iii) does not specify the type of experience that a person must have that is comparable or alike for fifteen (15) years. This means that since the EFCC Act did not specify the precise location where it must have been gained, such cognate expertise is believed to be that of the activities or functions of the EFCC acquired anywhere. The requirements of sub-paragraph (iii) of section 2(1)(a) of the EFCC Act make it clear that a person has complied with them once they have accumulated fifteen (15) years of such cognate (i.e., comparable or alike) experience

5. The plain language of the EFCC Establishment Act, 2004, makes it obvious that any member of the Commission, whether they are currently employed or retired, who has 15 years of relevant experience in their chosen field is qualified to be named as the Chairman of the Commission

6. Up until this point, it had been custom and precedent that the candidate for the position of Executive Chairman of the Commission had to be a police officer or have experience in the legal system, particularly in the field of investigation. This has caused internal conflict, unhappiness, and even animosity among the Commission’s staff members in addition to exposing the Commission to all kinds of vices

7. It is not justifiable to put convention ahead of a law. In our constitutional democracy, it is time to shift from fiction to actuality and from convention to rigorous respect to the legislative terms of the enabling Act of the Commission

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8. To be named as the EFCC Chairman, Mr. Olukoyede met all legal requirements

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