The Court of Appeal in Abuja, on Tuesday, reversed the demotion
of the former Commandant of the Economic and Financial
Crimes Commission Academy, Mr Ayo Olowonihi.
The court affirmed the February 26, 2019 judgment of the
National Industrial Court which had upturned Olowonihi’s
demotion.
Justice Yargata Nimpar, who read the lead judgment of a panel of
the Court of Appeal, 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 in its ruling on Tuesday noted that the demotion of
Olowonihi did not follow due process, therefore, unlawful, illegal
and should be set aside.
It 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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It also affirmed the industrial court’s decision ordering the
EFCC to reinstate Olowonihi to his position as Detective
Commandant, Grade Level 17.
The EFCC had demoted Olowonihi from Grade Level 17 to 16 Step 7
in 2017, two years after he was recalled from suspension without
pay when Ibrahim was the Acting Chairman of the EFCC.
Olowonihi had challenged the treatment meted out to him at the
National Industrial Court which granted his prayers.
The EFCC appealed against the judgment but lost at the Court of
Appeal on Tuesday.
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