A Seniour Advocate of Nigeria, Mr Femi Falana, has kicked against the appointment of the Economic and Financial Crimes Commission, EFCC, and the Independent Corrupt Practices and Other Related Offences Commission, ICPC, chairmen from the same geopolitical zone as unlawful and against the Federal Character Principle.
The Lagos based human right lawyer made the statement during a live appearance on Channels Television’s Sunrise Daily programme on Monday.
The senior lawyer said in obedience to the tenets of the Federal Character principle as enshrined in the Constitution, if the chairman of the EFCC comes from the northern region, the southern region should produce the chairman of the ICPC.
“If you are going to have the EFCC and the ICPC, the heads cannot come from same zone,” Mr Falana said during a live appearance on Channels Television’s Sunrise Daily programme on Monday.
The recently appointed chairman of EFCC, Mr Ola Olukoyede and the ICPC Chairman, Prof Bolaji Owasanoye are both from the South-West geopolitical zone.
Condemning Tinubu’s appointment of Olukoyede as EFCC chairman who is also from the South-West just like the current ICPC chairman, Falana said, “There is no issue; the only issue that has been raised 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.
“If you are going to have the EFCC and the ICPC, the heads cannot come from same zone. If there are two positions in the public service, one must go to the North, and one must go to the South. If there are four, two must go to the South, and two must go to the North. If there are six, one must go to each geopolitical zone. That is the law in Nigeria today.”
Recall that on October 12, 2023, the President, Bola Tinubu appointed Mr Olukoyede as the new EFCC chairman amid controversies.
Mr Olukoyede’s appointment followed the controversial resignation of embattled ex-EFCC chairman, Abdulrasheed Bawa, who was suspended on June 14, 2023 and detained by the Department of State Services over allegations of abuse of office.
Lawyer and writer, Daniel Bwala in his response on his X platform on Thursday, Bwala said, Olukayode’s appointment, “It runs foul of the provisions of Section 2 of the EFCC ACT which requires that the person to be appointed as EFCC Chairman must amongst other things have:
1. Been a serving or retired member of any security or law enforcement agency,
2. Must have 15 years cognate experience of law enforcement, and
3. Must not be below the rank of assistant commissioner of police
“Olukayode is a private legal practitioner and has never worked or belong to any security or law enforcement agency as a member
“He does not have 15 years cognate experience as a law enforcement officer and
“His private legal practice years cannot be equated to the rank in law enforcement. Not enough attending seminal courses as a private legal practitioner can equate to 15 years cognate experience contemplated by section 2 of the Act.
“HE ONLY HAS A STINT AS CHIEF OF STAFF OF MAGU AND LATER BECAME A SECRETARY OF THE COMMISSION, ALL OF WHICH LAST FOR LESS THAN 6 YEARS.
However, Mr Falana said there Mr Olukoyede is qualified to lead the anti-graft commission having previously served in some high capacity in the agency.
“There is no issue; the only issue that has been raised 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,” he said.
“If you are going to have the EFCC and the ICPC, the heads cannot come from 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.”
