As stakeholders await the judicial verdict on the validity or otherwise of the Act establishing the Economic and Financial Crimes Commission (EFCC), a leading human rights lawyer, Dr. Olisa Agbakoba, SAN, has said the agency is not known to law.
He also identified some constitutional issues relating to law enforcement agencies in Nigeria and factors inhibiting the Government’s objective of abolishing corruption as stated in Section 13 of the Constitution.
He made the position known in two separate letters to the Senate and House of Representatives, dated October 14, 2024, addressed to Deputy Senate President Barau Jibri and Deputy Speaker House of Representatives Benjamin Okezie Kalu in their capacities as chairmen of the Constitution Review Committees of the two chambers of the National Assembly.
Copies of the letter were made available to Blueprint.
About 20 years after inception, 16 states recently filed consolidated suits challenging the powers and Act setting up the EFCC, the Nigerian Financial Intelligence Unit and any other similar agencies of the federal government.
Plaintiffs in the consolidated case marked: SC/CV/178/2023 and brought before the Supreme Court, are Anambra, Benue, Cross River, Enugu, Edo, Kogi and Kebbi.
The rest are Katsina, Jigawa, Nassarawa, Niger, Ondo, Oyo, Ogun, Plateau and Sokoto states.
They are contending that the setting up of the EFCC, through the EFCC (Establishment) Act 2004, was not in conformity with the provisions of Section 12 of the 1999 Constitution (as amended).
…Agbakoba joins
Joining the fray via a letter to the National Assembly, Agbakoba, in the letters said: “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.”
Agbakoba, a former president of the Nigeria Bar Association (NBA), expressed delight that many states had finally taken it upon themselves to challenge the constitutionality of the EFCC, noting “This will put to rest the question relating to the validity of the EFCC.”
Titled “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts”, the silk, in the letter, said: “I commend you for the remarkable leadership you have demonstrated as Chairman, Senate Constitution Review Committee, 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 programs are indeed commendable.
“I write to draw attention to certain constitutional issues on matters related to law enforcement agencies. As you are obviously aware, the fundamental objective of the government is to abolish corruption. But from my observation, there is no harmony amongst law enforcement agencies on corruption. They all appear to be working at cross purposes.
“This has been confirmed by the Supreme Court in so many cases. The Supreme Court has consistently sanctioned the EFCC for its conduct and questioned if the EFCC can in fact validly do what it does. I will go further to say 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 delighted 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 the validity of the EFCC. Whilst we await the decision of the Supreme Court as the final court on the matter, I respectfully request that the Senate convene a public hearing to consider these constitutional issues,” the letter added.
“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, which will meet the stated and laudable objective of the government to abolish corruption as stated 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,” the letter concluded.