By Adeboye Ado
Dr. Olisa Agbakoba, SAN, a renowned legal expert, has raised concerns over the constitutional legitimacy of the Economic and Financial Crimes Commission (EFCC), describing it as an unlawfully established body.
In letters to the National Assembly, he pointed out legal and constitutional issues that hinder the government’s efforts to eliminate corruption, as outlined in Section 13 of the Nigerian Constitution.
In separate correspondences dated October 14, 2024, addressed to the Senate and House of Representatives, Agbakoba argued that the EFCC was created outside the constitutional powers of the National Assembly, rendering it an illegitimate entity. He called for immediate action to address the matter.
“I firmly believe that the EFCC was established beyond the powers granted to the National Assembly. It is, therefore, an unlawful organization,” said Agbakoba, a former President of the Nigerian Bar Association.
The letters were directed to Senator Barau Jibrin, Deputy Senate President and Chairman of the Senate Committee on Constitution Review, and Hon. Benjamin Kalu, Deputy Speaker of the House of Representatives and Chairman of the House Committee on Constitution Review.
Agbakoba commended recent actions by several states challenging the constitutionality of the EFCC, expressing optimism that the Supreme Court’s eventual ruling would settle the issue once and for all. “This will resolve the ongoing questions about the legality of the EFCC,” he said.
In his letter titled “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,” Agbakoba praised Senator Jibrin’s leadership in pushing for constitutional reforms. However, he highlighted a lack of coordination among law enforcement agencies, which he believes is undermining the fight against corruption.
“The Supreme Court has repeatedly questioned the EFCC’s actions in various cases. It’s clear that the EFCC’s operations are not in line with constitutional provisions,” he noted.
Agbakoba urged the Senate to convene a public hearing to address the issue, calling for broad stakeholder engagement to strengthen Nigeria’s anti-corruption and law enforcement frameworks in line with constitutional mandates.
“I trust that your committee will prioritize these concerns for the benefit of our nation’s development,” Agbakoba concluded.
The legal community and political observers await further developments, especially the Supreme Court’s final ruling on the constitutionality of the EFCC.
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