Prominent lawyer, Dr. Olisa Agbakoba, SAN, has urged the National Assembly to examine the constitutional validity of the Economic and Financial Crimes Commission, EFCC, describing the agency as illegitimate.
He has specifically highlighted issues that hinder the Government’s goal of eradicating corruption, as outlined in Section 13 of the Constitution.
In two distinct letters addressed to the Senate and House of Representatives, dated October 14, 2024, Agbakoba described the Economic and Financial Crimes Commission as an illegitimate organization that he believed was “unconstitutionally established.”
Agbakoba, a former President of the Nigerian Bar Association, wrote: “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 organization.”
The letters were directed to the Deputy Senate President, Senator Barau Jibrin, and the Deputy Speaker of the House of Representatives, Hon. Benjamin Kalu. The Deputy Speaker also serves as the Chairman of the House Committee on Constitution Review, while Senator Jibrin holds the position of Chairman of the Senate Committee on Constitution Review.
Agbakoba expressed his pleasure at the fact that numerous states have finally decided to contest the constitutionality of the EFCC, and noted that “this will settle the issue regarding the legitimacy of the EFCC.”
The letter addressed to the Deputy Senate President, titled “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,” states: “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 indeed commendable.
“I am writing to highlight certain constitutional concerns regarding law enforcement agencies. As you are undoubtedly aware, the primary goal of the government is to eradicate corruption. However, it seems there is a lack of coordination among law enforcement agencies when it comes to addressing corruption, as they appear to be working against each other.
“This has been affirmed by the Supreme Court in numerous cases. The Supreme Court has repeatedly criticized the EFCC for its actions and questioned whether the EFCC is legitimately authorized to perform its duties. I firmly believe that the EFCC is unconstitutionally established, as its powers exceed those granted to the National Assembly. Therefore, the EFCC is an unlawful entity.
“I am pleased to see that many states have finally decided to contest the constitutionality of the EFCC, which will help clarify the issue of its validity. While we await the Supreme Court’s final ruling on this matter, I respectfully urge the Senate to hold a public hearing to address these constitutional concerns.
“Such a hearing would offer a vital opportunity for stakeholders to discuss the necessary reforms to enhance Nigeria’s legal and institutional frameworks for law enforcement and anti-corruption, aligning with the government’s commendable goal of eradicating corruption as outlined in Section 13 of the Constitution.
“I have confidence that, under your effective leadership, the Senate Constitution Review Committee will prioritize these issues for the betterment of our nation’s development.”
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