The Court of Appeal in Abuja, has aligned itself with the February 26, 2019 judgment of the National Industrial Court which had upturned the demotion of the former Commandant of the Economic and Financial Crimes Commission, EFCC, Academy, Mr Ayo Olowoniyi.
Reading the lead judgement, Justice Yargata Nimpar, held that the lower court was right in declaring as invalid the EFCC’s handbook used in disciplining him as it was not approved by the commission.
The court held that his demotion did not follow due process, stating that it’s unlawful, illegal and should be set aside.
It also upheld the judgment of Justice Musa Kado to the effect that while the chairman of the commission or the secretary had the right to initiate disciplinary proceedings against the claimant, it was the commission that had the power to sanction after due consultation with the Federal Civil Service Commission.
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The Appelate Court noted that the Industrial court’s decision ordering the EFCC to reinstate Olowoniyi to his position as Detective Commandant, Grade Level 17 is justifiable.
The EFCC had demoted Olowoniyi from Grade Level 17 to 16 Step 7 in 2017, two years after he was recalled from suspension without pay when Ibrahim Magu was the Acting Chairman of the EFCC.
Olowoniyi had challenged the treatment meted out to him at the National Industrial Court which granted his prayers.
The EFCC thereafter appealed against the judgment but lost at the Court of Appeal.
