Is Prayut really eligible to run for prime minister?

Ombudsman secretary-general Raksageecha Chaechai has ruled that PM Prayut, as National Council for Peace and Order head, “is not a state official” because he was royally appointed to that post under a special law, rather than being appointed or elected by law. 
But surely the special law legitimising Prayut’s royal appointment is indeed a kind of law – that’s why it’s called a “special law”. He has the legal authority to issue orders to anybody. Thus, he’s “been appointed or elected by law”, and meets the first criterion to be regarded as a state official.
He meets the second criterion as well, for he “has the authority and duty to enforce laws and perform job responsibilities”. 
I’m not sure about the third criterion, “being under the command or supervision of the state”. “The NCPO chief is not under the supervision of the state. [He] is the supreme administrative power,” said Khun Raksageecha, so he cannot be administratively accountable to anyone. This is in line with Article 44 of the Constitution, which “gives junta leader and Prime Minister Prayut Chan-o-cha absolute power to give any order deemed necessary to “strengthen public unity and harmony” or to prevent any act that undermines public peace” (Straits Times, April 7, 2015; emphasis added). 
As to the last criterion, Prayut receives a salary.
So, perhaps he’s not a state official, because he’s not accountable to anybody – but do we want somebody who’s above the law as prime minister? 
Burin Kantabutra