Kogi vs EFCC: Agbakoba Threatens Court Action,  Says Commission Must Obey  the Law

Rebecca Ejifoma

To legally prove his position that the Economic and Financial Crimes Commission (EFCC) has been breaking the rule of law, former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN), has threatened to head to court.

Agbakoba said he would be praying the court for a declaration on the exact scope of powers of the commission, especially about states of the federation.

He also maintained that the EFCC must not however undermine the rule of law in the fight against corruption.

The former NBA president also quoted a recent decision: Dr. Joseph Nwobike (SAN) vs the Federal Republic of Nigeria FRN SC/CR/161/2020, in which the Supreme Court “drastically limited the scope of powers of the EFCC, as it recognised that the EFCC being very powerful could not be allowed to run amok.”

Agbakoba stated his position in a statement issued Tuesday evening titled: ‘The Scope of Powers of EFCC Will Be Tested by the Courts’.

The statement read in part: “Concerned that the EFCC often exceeds its powers in the investigation and prosecution of alleged offenders of our criminal laws, I held a press conference to express my concerns, which I do occasionally on several national issues.

“I must concede, I stated that I felt that the EFCC often but not all the time exceeded its powers in what it considers to be its public duty, in the war against corruption in Nigeria.”

The statement also noted that the EFCC issued a response stating that Agbakoba was wrong to take the view that it (EFCC) sometimes acts outside the scope of its powers vested by the EFCC Act.

It added: “The EFCC referred to some cases, but I would say that in a very recent decision, Dr. Joseph Nwobike (SAN) vs the Federal Republic of Nigeria FRN SC/CR/161/2020, the Supreme Court drastically limited the scope of the powers of the EFCC, as it recognised that the EFCC being very powerful could not be allowed to run amok.”

The NBA former president, therefore, declared that: “I am not a court neither is the EFCC. I will proceed to the court for a declaration on the exact scope of powers of the EFCC, especially in relation to states of the federation.

“A declaration by a judicial authority is the most valid process to authenticate if I am right or wrong with respect to my position that the EFCC often acts contrary to the law.”

He also clarified that he is not in any way opposing the EFCC in the fight against corruption. As admitted by the EFCC, “I have always supported the fight against corruption. My concern is that the EFCC, in its undoubted statutory powers to stamp out corruption in Nigeria, must strictly conform to the prescriptions of the law.

“EFCC must not in the fight against corruption undermine the rule of law. So, to the court, I go.”

While addressing a press conference on ‘The Rule of Law in Nigeria Today’, in Lagos last Sunday, Agbakoba had faulted the anti-graft agency over its recent actions against the Kogi State Government.

According to the SAN, how a state spends its money should not be the business of the anti-graft agency.

This is as he had accused the agency of impunity, saying assuming it was the commission’s business to inquire how the state spends its money, “would it still be its lawful business to investigate it?”