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Controversy has continueed to trail the appointment of Olukayode as EFCC Chairman by President Bola Tinubu and many critics holds the view that it is unlawful and illegal.
They held that the 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;
I. Been a serving or retired member of any security or law enforcement agency,
II. Must have 15 years cognate experience of law enforcement, and
III. Must not be below the rank of assistant commissioner of police
Many have argued that Mr Olukoyede, a lawyer, is not qualified to be EFCC chairman under the law establishing the anti-corruption agency.
Mr Olukoyede, although a former secretary of the EFCC and ex-chief of staff to the chairman of the commission, did not meet the requirements of section 2(3) of the EFCC Act, to be qualified for the appointment.
The law stipulates that a chairman of the commission “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; and possess not less than 15 years experience.”
Mr Olukoyede, a lawyer, had no experience in any security or law enforcement agency until his first appointment at the EFCC in 2016 when he was appointed to serve as the Chief of Staff to then acting chairperson of the EFCC, Ibrahim Magu. A position he held from 2016 to 2018.
Premium Times, reported that he was subsequently appointed as the secretary of the commission in 2018 and served in that capacity up till 2020 when he was suspended from office by then-President Muhammadu Buhari. He was suspended alongside Mr Magu and some other officials of the commission.
While Mr Magu was replaced with Mr Bawa in February 2021, Mr Olukoyede was replaced with George Ekpungu as the secretary of the commission in June 2021.
Some believe that he does not meet, at least, one of the three major criteria in the provision of section 2(1) of the EFCC (Establishment) Act, which requires the chairman to have “15 years cognate experience”.
This assertion is based on the fact that Mr Olukoyede’s experience in any security or law enforcement agency only began with his appointment as the chief of staff to the EFCC chairman in 2016.
In 2018, Mr Olukoyede was appointed the secretary to the commission, a position that qualifies as membership of the EFCC and can safely said to be higher than the equivalent of the rank of assistant commissioner of police, as the EFCC secretary legally serves as the head of administration of the anti-graft agency.
But Mr Olukoyede held this position for only two years – between 2018 and 2020 when he was suspended by then-President Buhari without being recalled.
Those who believe he is not qualified to be EFCC chairman argue that the number of years of his “cognate” experience, even factoring the number of years he served as chief of staff at the EFCC, the only law enforcement or security agency he has ever worked in, was insufficient.
If he had continuously worked at the commission since 2016 unstopped, he would only have garnered about seven years of experience at a law enforcement or security agency, which opponents of his appointment believe falls short of the 15 years of “cognate” experience required to be qualified to become the chairman of the commission.
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.
