EFCC an Unlawful Organisation, Says Agbakoba in Letter to National Assembly

Former President of the Nigerian Bar Association (NBA), Olisa Agbakoba, SAN, has written to the National Assembly stating that the Economic and Financial Crimes Commission (EFCC) is “an unlawful organisation” because it was “unconstitutionally established.”

In separate letters to the Senate and House of Representatives, dated October 14, 2024, titled: Re: Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-corruption Efforts, Agbakoba said the powers under which EFCC was established was beyond the powers of the National Assembly.

In separate letters addressed to the chairmen of the Constitution Review Committees in the two chambers, Deputy Senate President, Senator Barau Jibrin; and Deputy Speaker of the House of Representatives, Hon. Benjamin Kalu, Agbakoba said he was delighted to note that many states 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 said.

The letter to the Deputy Senate Presiden read: “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 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. 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, 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.”