Falana challenges Agbakoba’s stance on EFCC’s legal status
Prominent human rights lawyer Femi Falana (SAN) has formally disagreed with former Nigerian Bar Association (NBA) President Olisa Agbakoba (SAN) over the legal foundation of the Economic and Financial Crimes Commission (EFCC).
In a letter to Senate President Godswill Akpabio and House of Representatives Speaker Tajudeen Abbas, dated October 17, 2024, Falana responded to Agbakoba’s call for legislative scrutiny on the EFCC’s constitutional legitimacy. Agbakoba had argued that the National Assembly overstepped its authority in establishing the EFCC, urging reforms in separate letters dated October 14, 2024.
Falana countered Agbakoba’s interpretation, emphasizing that the Supreme Court has consistently supported the EFCC and ICPC in their anti-corruption roles.
He referenced the 2022 case of Attorney-General of Ondo State v Attorney-General of the Federation, where the court upheld the constitutionality of the ICPC Act, affirming the National Assembly’s powers to establish agencies fighting corruption.
Falana urged the National Assembly to use the ongoing constitutional review to permanently settle the debate over the EFCC and ICPC’s legality by entrenching both commissions in the constitution.
He criticized state governments for frustrating anti-graft efforts through legal challenges and court injunctions, calling for stronger support for the EFCC and ICPC.
He emphasized that enshrining these bodies in the constitution would protect and empower them to continue the fight against corruption and money laundering.
