Agbakoba questions constitutional validity of EFCC in letters to Senate, House Committees
Olisa Agbakoba, a former president of the Nigerian Bar Association (NBA), has raised concerns over the legality of the Economic and Financial Crimes Commission (EFCC), stating that the anti-graft agency was not constitutionally established.
His claim was highlighted in two letters dated October 14, addressed to the deputy senate president and the deputy speaker of the house of representatives.
The letters, sent to Barau Jibrin and Benjamin Kalu, who chair the senate and house committees on constitution review respectively, questioned the framework under which the EFCC operates.
Agbakoba outlined constitutional concerns, particularly regarding law enforcement agencies’ efforts in fighting corruption as mandated by Section 13 of the 1999 Constitution.
Agbakoba expressed his belief that the EFCC operates beyond the powers granted by the constitution, calling the agency “an unlawful organization.” He also emphasized that the lack of coordination among various law enforcement bodies has hindered the fight against corruption.
“The fundamental objective of the government is to abolish corruption,” Agbakoba wrote. “But from my observation, there is no harmony among law enforcement agencies. They all appear to be working at cross purposes.”
Agbakoba’s remarks referenced previous judgments by the Supreme Court, which, he said, have questioned the legality of the EFCC’s actions in numerous cases. He also pointed to the ongoing legal challenge filed by the attorneys-general of 16 states, questioning the constitutional powers of the EFCC and the Nigerian Financial Intelligence Unit (NFIU). The Supreme Court is set to hear the case on October 22.
Agbakoba urged the Senate to hold a public hearing to review the constitutionality of the EFCC and other law enforcement agencies. Such a hearing, he suggested, would provide a platform for discussing reforms to strengthen Nigeria’s anti-corruption framework.
The EFCC, established in 2003 under former President Olusegun Obasanjo, has been a key player in Nigeria’s anti-corruption efforts but continues to face questions about its legality and operational methods.
