Agbakoba Writes National Assembly, Claims EFCC Is Unconstitutionally Established

Legal expert Olisa Agbakoba has written to the National Assembly, arguing that the establishment of the Economic and Financial Crimes Commission (EFCC) is unconstitutional, sparking debate on the agency’s legal framework.

Olisa Agbakoba, a Senior Advocate of Nigeria, has alerted the National Assembly to constitutional challenges concerning law enforcement agencies in Nigeria. He also highlighted factors hindering the Government’s goal of eradicating corruption as outlined in Section 13 of the Constitution.

In two distinct letters addressed to the Senate and House of Representatives on October 14, 2024, a well-known lawyer argued that the Economic and Financial Crimes Commission (EFCC) was an illegal entity. He asserted his belief that it had been established in violation of constitutional principles.

“The EFCC, in my firm opinion, was established unconstitutionally. Its founding powers exceed what the National Assembly is allowed to grant. According to Agbakoba, former President of the Nigerian Bar Association (NBA), this makes the EFCC an unlawful organization.”

The letters were individually addressed to Senator Barau Jibrin, the Deputy Senate President, and Honorable Benjamin Kalu, who serves both as the Deputy Speaker of the House of Representatives and Chairman of the House Committee on Constitution Review. Meanwhile, Senator Jibrin is also the Chairman of the Senate Committee on Constitution Review.

Agbakoba expressed his pleasure in observing that numerous states had finally decided to question the constitutionality of the EFCC, remarking, “This will resolve the issue surrounding the legitimacy of the EFCC.”

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The letter addressed to the Deputy Senate President, titled “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,” states: “I applaud your exceptional leadership as Chairman of the Senate Constitution Review Committee. Your dedication in promoting the government’s reform agenda with a strong constitutional foundation is highly praiseworthy. The work you have done to enhance the legal framework that supports our nation’s development initiatives deserves recognition.”

I am writing to highlight some constitutional concerns regarding law enforcement agencies. As you are undoubtedly aware, the government’s primary goal is to eradicate corruption. However, I have observed a lack of coordination among these agencies in addressing this issue; they seem to be working at cross purposes.

The Supreme Court has confirmed this in numerous cases, consistently sanctioning the EFCC for its conduct and questioning whether the EFCC’s actions are valid. Furthermore, I firmly believe that the establishment of the EFCC is unconstitutional because it exceeds the powers granted to the National Assembly. Consequently, I consider the EFCC to be an unlawful organization.

I am thrilled to observe that numerous states have decided to challenge the constitutionality of the EFCC. This action will help resolve any questions regarding its validity. As we anticipate a decision from the Supreme Court, I respectfully urge the Senate to hold a public hearing to examine these constitutional matters.

Holding such a hearing would offer an essential opportunity for stakeholders to engage in discussions about the necessary reforms to enhance Nigeria’s legal and institutional frameworks for law enforcement and anti-corruption. This aligns with the government’s commendable objective of eradicating corruption, as outlined in Section 13 of the Constitution.

I am confident that, with your capable leadership, the Senate Constitution Review Committee will prioritize these matters for the benefit of our nation’s development.

I appreciate your attention to this important issue and eagerly await your reply.