Falana, who said this on Monday while featuring on Channels Television’s Sunrise Daily programme said that Olukoyede who has served as the Chief of Staff to the former EFCC chairman and as the secretary of the commission is eminently qualified to head the anti-graft commission as he has acquired enough cognate experience to head the agency.
A Senior Advocate of Nigeria, Femi Falana, has said that those who are challenging the appointment of Ola Olukoyede, as the Chairman of the Economic and Financial Crimes Commission (EFCC) have not acquainted themselves with the provisions of the law.
Falana, who said this on Monday while featuring on Channels Television’s Sunrise Daily programme said that Olukoyede who has served as the Chief of Staff to the former EFCC chairman and as the secretary of the commission is eminently qualified to head the anti-graft commission as he has acquired enough cognate experience to head the agency.
When asked if there is an issue with the appointment of Olukoyede as the EFCC chairman, following controversies that have trailed his appointment, Falana said there was no issue, except that the federal government must consider adherence to the provisions of the Federal Character Commission Act.
He said, "No, there is no issue. The only issue that has been raised, which for me, has to be considered by the government, is that we have in this country, the Federal Character Commission Act, and also by virtue of Section 14 of the constitution, appointment should reflect federal character.
"We have the EFCC and the ICPC, the heads do not come from the same zone. If there are two positions in this country 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 North, two must go to the South. If there are six, one must go to each geopolitical zone. That is the law in Nigeria today.
"I am not comfortable with the fact that as of today, the heads of the EFCC and the ICPC are from the same zone. Apart from that, Mr Olukayode is eminently qualified to head the EFCC.
"My colleagues who have criticized the appointment have not looked at the relevant provisions of the EFCC, which in Section 2 which provides that the chairman must be at least an Assistant Commissioner of Police or its equivalent in the security service or a law enforcement agency."
He said that when the former EFCC Chairman, Abdulrasheed Bawa, was appointed, people challenged the appointment and said the position was for police officers, "but we said no. If you have served in a law enforcement agency and you have acquired enough experience, you are qualified to head the EFCC."
According to Falana, Mr. Olukoyede had been the Chief of Staff to the Chairman of the EFCC and had also been a secretary of the commission, and a board member by virtue of his position as a secretary of the commission.
Falana said that while people are saying that Olukoyede has not acquired the necessary cognate experience for the position, "the law does not say the cognate experience must be in that agency".
He continued, "So if you have a gentleman who is said to be a regulatory compliance consultant who has also worked in the detection of crimes or fraud, an accomplished expert in those areas, you cannot say he hasn't acquired the cognate experience because cognate experience actually means your acquisition of the skills in the area we are talking about, and it does not mean it must be in EFCC.
"For instance, I know a lawyer, Rotimi Jacobs (SAN), who has been prosecuting for the EFCC since 2004 when the body took off. There is no way you can say that such a lawyer who has prosecuted the majority of the cases investigated by the EFCC has not acquired cognate experience.
"So if you have a lawyer of 22 years who has spent the better part of his practice detection of crimes, detection of fraud-related crimes and who has acquired the knowledge both home and abroad, who has worked with international anti-fraud agencies like FBI, the Fraud office in the UK and more, it is difficult to question his competence.
"The only area the government will have to go back to the drawing table is also to ensure that the anti-graft agencies in the country are not headed by people from one region.”