Renowned lawyer and Senior Advocate of Nigeria (SAN), Olisa Agbakoba, has written to the National Assembly on the controversy over the legal status of the Economic and Financial Crimes Commission (EFCC), describing the anti graft agency as “unconstitutionally established.”
Agbakoba, a former Nigerian Bar Association (NBA) President, in two separate letters to the two chambers of the Nigerian legislature, drew their attention to constitutional issues related to the law enforcement agencies in Nigeria and what he said were the factors inhibiting the government’s objective of abolishing corruption as prescribed in Section 13 of the Nigerian constitution.
In the letters dated October 14, 2024, Agbakoba said, “I very strongly believe the EFCC is unconstitutionally established. The powers under which it was established go beyond the powers of the National Assembly. The EFCC is an unlawful organization.”
In the letters, addressed separately to the Deputy Senate President, Senator Jibrin Barau, who is the Chairman of the Senate Committee on Constitution Review; and his counterpart in the House of Representatives and the Deputy Speaker, Honourable Benjamin Kalu, Agbakoba said he was pleased to note that many states in Nigeria had finally taken it upon themselves to challenge the constitutionality of the EFCC.
“This will put to rest the question relating to the validity of the EFCC,” he stated.
In the letter to the Deputy Senate President entitled: “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,” Agbakoba said he wished to “draw attention to certain constitutional issues on matters related to law enforcement agencies. The fundamental objective of the government is to abolish corruption. But from my observation, there is no harmony amongst law enforcement agencies on corruption. They all appear to be working at cross purposes.
“This has been confirmed by the Supreme Court in so many cases. The Supreme Court has consistently sanctioned the EFCC for its conduct and questioned if the EFCC can in fact validly do what it does. I will go further to say that I very strongly believe the EFCC is unconstitutionally established. The powers under which it was established go beyond the powers of the National Assembly. The EFCC is an unlawful organisation.
“I am very delighted to note that many states have finally taken it upon themselves to challenge the constitutionality of the EFCC. This will put to rest the question relating to the validity of the EFCC. Whilst we await the decision of the Supreme Court as the final court on the matter, I respectfully request that the Senate convene a public hearing to consider these constitutional issues.
“Such a hearing would provide an invaluable platform for stakeholders to discuss the reforms needed to strengthen Nigeria’s legal and institutional frameworks for law enforcement and anti-corruption, which will meet the stated and laudable objective of the government to abolish corruption as stated in Section 13 of the Constitution.
“I trust that, under your capable leadership, the Senate Constitution Review Committee will give these matters urgent attention in the interest of our nation’s development.”
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