Renowned Senior Advocate of Nigeria (SAN), Olisa Agbakoba, has called on the National Assembly to address constitutional issues related to Nigeria’s law enforcement agencies, particularly raising concerns about the legality of the Economic and Financial Crimes Commission (EFCC).
In letters addressed to the Senate and House of Representatives on October 14, 2024, Agbakoba expressed his belief that the EFCC was “unconstitutionally established” and urged legislative action to reform the country’s anti-corruption efforts.
“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 organization,” said Agbakoba, a former President of the Nigerian Bar Association (NBA), in the letters.
The letters were directed to Deputy Senate President, Senator Barau Jibrin, and Deputy Speaker of the House of Representatives, Hon. Benjamin Kalu, who both chair their respective chambers’ Committees on Constitution Review.
Agbakoba’s concerns center around the government’s objective to abolish corruption, as outlined in Section 13 of the Constitution, which he believes is hindered by the lack of cohesion among law enforcement agencies.
In his correspondence, titled “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,” Agbakoba praised the leadership of Senator Jibrin and Hon. Kalu but highlighted the persistent dysfunction within Nigeria’s anti-corruption framework.
“There is no harmony amongst law enforcement agencies on corruption. They all appear to be working at cross purposes,” he observed.
Agbakoba pointed to several Supreme Court rulings that have questioned the validity of the EFCC’s actions.
“The Supreme Court has consistently sanctioned the EFCC for its conduct and questioned if the EFCC can, in fact, validly do what it does,” he noted, further reiterating that many states have now challenged the agency’s constitutionality.
He urged the Senate to convene a public hearing to address these constitutional issues, stressing that such a forum would provide a crucial platform for stakeholders to discuss necessary reforms.
Agbakoba expressed hope that under the leadership of the Senate and House Constitution Review Committees, the government could strengthen the legal framework needed to effectively combat corruption in line with constitutional provisions.
“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,” Agbakoba concluded, calling for swift legislative action.
The senior advocate’s letters come at a critical time when public debate on the effectiveness and legality of the EFCC is intensifying, as various state governments have begun legal challenges to the agency’s constitutionality.