Olisa Agbakoba, a former president of the Nigerian Bar Association, NBA, has raised concerns about the constitutional legitimacy of the Economic and F
Olisa Agbakoba, a former president of the Nigerian Bar Association, NBA, has raised concerns about the constitutional legitimacy of the Economic and Financial Crimes Commission, EFCC.
In two separate letters dated October 14, addressed to the Senate and House of Representatives, Agbakoba argued that the EFCC was not constitutionally established.
The letters were directed to Barau Jibrin, Deputy Senate President, and Benjamin Kalu, Deputy Speaker of the House, who serve as chairs of the Senate and House committees on constitution review, respectively.
Agbakoba outlined constitutional issues affecting the country’s law enforcement agencies, emphasizing challenges that hinder the government’s fight against corruption, as specified in Section 13 of the 1999 Constitution.
In the letter to the deputy senate president, Agbakoba said: “I write to draw attention to certain constitutional issues on matters related to law enforcement agencies.
“As you are obviously aware, the fundamental objective of the government is to abolish corruption,” he said.
“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 organization.
“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.
“This will meet the stated and laudable objective of the government to abolish corruption as stated in Section 13 of the Constitution.”
The Supreme Court has scheduled October 22 for the hearing of a lawsuit filed by the attorneys general of 16 states.
The lawsuit challenges the constitutional authority of the National Assembly to establish both the EFCC and the Nigerian Financial Intelligence Unit, NFIU. Additionally, it questions the power of these agencies to investigate and prosecute cases related to the misappropriation of state funds.
The EFCC was established in 2003 during the administration of former President Olusegun Obasanjo.
