Renowned lawyer Dr Olisa Agbakoba, SAN, has written to Nigeria’s national assembly, describing the Economic and Financial Crimes Commission (EFCC) as an illegal organisation.
Agbakoba has drawn the National Assembly’s attention to constitutional issues related to law enforcement agencies in Nigeria and factors inhibiting the Government’s objective of abolishing corruption, as stated in Section 13 of the Constitution.
In two separate letters to the Senate and House of Representatives dated October 14, 2024, Agbakoba said the EFCC is an unlawful organisation that he believed was “unconstitutionally established.”
“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,” Agbakoba, a former President of the Nigerian Bar Association, said.
The letters were addressed separately to the Deputy Senate President, Senator Barau Jibrin, and the Deputy Speaker of the House of Representatives, Hon. Benjamin Kalu. The Deputy Speaker serves as the Chairman of the House Committee on Constitution Review, while Senator Jibrin is the Chairman of the Senate Committee on Constitution Review.
Agbakoba noted that he was delighted to note that many states had finally taken it upon themselves to challenge the constitutionality of the EFCC, saying, “This will put to rest the question relating to the validity of the EFCC.”
The letter to the Deputy Senate President, titled “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts”, reads: “I commend you for the remarkable leadership you have demonstrated as Chairman, Senate Constitution Review Committee, particularly in advancing the government’s reform agenda through a robust constitutional framework. Your efforts to strengthen the legal infrastructure underpinning the nation’s development programs are commendable.
“I write to draw attention to specific constitutional issues related to law enforcement agencies. As you know, the government’s fundamental objective is to abolish corruption. However, there needs to be harmony amongst law enforcement agencies regarding bribery. They all appear to be working at cross purposes.
“The Supreme Court has confirmed this in so many cases. The Supreme Court has consistently sanctioned the EFCC for its conduct and questioned if the EFCC can validly do what it does. I firmly 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 delighted to note that many states have finally taken it upon themselves to challenge the constitutionality of the EFCC. This will restate the question relating to the validity of the EFCC. While we await the Supreme Court’s decision as the final court, 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 noted 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.
