DECLARATION that having regards to Section 2 (1) (a)dii) of the Economic and Financial Crimes Commission (Establishment) Act, 2004, the appointment of the Chairman of the Economic and Financial Crimes Commission on the 12 day of October, 2023, is void abinitio, conferring or extinguishing no legal rights whatsoever as he does not possess at least 15 years’ cognate experience of law enforcement.
A DECLARATION that the sole qualification of being a legal practitioner cannot be equated to be the same with the rank of any government security or law enforcement agent in Nigeria without formal enrolment into same.
A DECLARATION that the 4th Defendant who is not an active nor a retired security agent or law enforcement agent but a legal practitioner of not less than 22 years’ Post-call with 6 years* experience of rendering administrative services within the commission is not qualified to be appointed as the Chairman of the Economic and Financial Crimes Commission who by Law shall be the Chief Executive and Accounting Officer of the Commission.
A DECLARATION that the qualifications set out in section 2 (L)(a)i), (i), and (Gil) of the Economic and Financial Crimes Commission (Establishment) Act, 2004 are mandatory conjunctive requirements for qualifications for an appointment to the position of the Chairman of the Economic and Financial Crimes Commission.
A DECLARATION that having regard to Section I (1) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the President Federal Republic of Nigeria does not have unfettered discretion to bluntly disregard the provisions of the Laws donating and guiding in his exercise of his power to appoint a Chairman for the Commission as donated under section 2 (3) of the Economic and Financial Crimes Commission (Establishment) Act.
Whether the sole qualification of being a legal practitioner can equate the to the rank of any government security or law enforcement agent in Nigeria without formal enrolment into same.
Whether the 4th Defendant who is not an active nor a retired security agent or law enforcement agent but a legal practitioner of not less than 22 years’ Post-call and 6 years’ experience of rendering administrative services within the commission is qualified to be appointed as the Chairman of the Economic and Financial Crimes Commission who by Law shall be the Chief Executive and Accounting Officer of the Commission.
Whether the qualifications set out in section 2 (1)(a)(i), (in), and (fii) of the Economic and Financial Crimes Commission (Establishment) Act, 2004 are mandatory conjunctive requirements for qualifications for an appointment to such position or permissive disjunctive requirements.
Whether the President Federal Republic of Nigeria have unfettered discretion to bluntly disregard the provisions of the Law donating and guiding in exercising his power to appoint a Chairman for the Commission as donated under section 2 (3) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.
WHEREFORE PLAINTIFF CLAIMS AS FOLLOWS:
A DECLARATION that having regard to Section 2 (1 )(a)(i) of the Economic and Financial Crimes Commission (Establishment) Act, 2004, it is unlawful and a void act for a person not statutorily qualified to be appointed by the President Federal Republic of Nigeria to hold the office of the Chairman of the Economic and Financial Crimes Commission who by Law shall be the Chief Executive and Accounting Officer of the Commission.
A DECLARATION that having regard to Section 2(1)(a) (ii) of the Economic and Financial Crimes Commission (Establishment) Act, 2004, only persons who are either serving or a retired member of any government security or law enforcement agency not below the rank of Assistant Commissioner of Police or equivalent can be validly appointed to hold the office of the Chairman of EFFC.
