By Kolawole Ojebisi
A Former President of the Nigerian Bar Association (NBA) has said the Economic and Financial Crimes Commission was “unconstitutionally established”.
The Senior Advocate pointed this out In a letter he wrote to both chambers of the National Assembly.
Agbakoba stated the reasons for his stance, highlighting what he described as the constitutional hurdles often encountered in the fight against corruption by the commission.
In two separate letters to the Senate and House of Representatives, dated October 15, 2024, Agbakoba stated: “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 organisation.”
The letters were addressed separately to the chairpersons of the respective Committees on the Review of the 1999 Constitution in the National Assembly: Deputy Senate President Barau Jibrin and Deputy Speaker of the House of Representatives Benjamin Kalu.
Agbakoba expressed pleasure that some states of the federation have indicated their readiness to contest the constitutionality of the anti-graft agency, saying, “This will put to rest the question relating to the validity of the EFCC.”
The letter to the Deputy Senate President, titled “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,” reads: “I commend you for the remarkable leadership you have demonstrated as Chairman of the 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 programmes are indeed commendable.
“I write to draw attention to certain constitutional issues related to law enforcement agencies. As you are obviously aware, the fundamental objective of the government is to abolish corruption. However, from my observation, there is no harmony among law enforcement agencies on this issue. They all appear to be working at cross purposes.
“This has been confirmed by the Supreme Court in numerous cases. The Supreme Court has consistently sanctioned the EFCC for its conduct and questioned whether the EFCC can, in fact, validly perform its functions. I will go further to state 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 organisation.
“I am very pleased 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 its validity. While we await the decision of the Supreme Court as the final arbiter 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, thereby meeting the stated and laudable objective of the government to abolish corruption, as outlined 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.”
It will be recalled that some governors have been challenging the legality of the laws establishing the EFCC and even calling for the repeal of the commission.
These governors have cited my reasons for their call, chief among which are: the existing practice whereby the federal government takes custody of funds seized from states over fund embezzlement, calling it and the willingness of the commission to dance to the tune of the party in power.
Governor Seyi Makinde of Oyo State has been at the forefront of the campaign for the repeal of the commission.
Recently, Governor Fintiri of Adamawa State stated that the EFCC should be strengthened for better efficiency rather than being scrapped.
Fintiri, however, said he would seek the legal advice of his state Attorney General before taking a decision
