ABUJA– FORMER President of the Nigeria Bar Association, NBA, Human Rights activist, Olisa Agbakoba, SAN has written to both the Senate and the House of Representatives, stressing that
the Economic and Financial Crimes Commission, EFCC was unconstitutionally established by the Federal Government.
According to him, there are difficulties occasioned by constitutional hurdles in the fight against corruption, just as he said that some states of the federation have indicated their readiness to contest the constitutionality of the anti-graft agency, adding, “This will put to rest the question relating to the validity of the EFCC.”
In two separate letters to the Senate and House of Representatives, dated October 14, 2024, Agbakoba said,
“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,”
The letters addressed separately to the chairmen of the respective Committees on the Review of the 1999 Constitution in the National Assembly, Deputy Senate President, Barau Jibrin, APC, Kano North and the Deputy Speaker of the House of Representatives, Benjamin Kalu were titled, “Urgent legislative attention on constitutional reforms relating to law enforcement agencies and anti-corruption efforts”
In the letter, Agbakoba said, “I commend you for the remarkable leadership you have demonstrated as Chairman, Senate Committee on Constitution Review, 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.
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“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.
“Thank you for your consideration of this important matter. I look forward to your response.”