The Network for the Actualization of Social Growth and Viable Development (NEFGAD) has announced plans to mobilise Nigerians against any attempts to hinder the Economic and Financial Crimes Commission (EFCC) from carrying out its duties, whether by institutions or individuals within or outside Nigeria.
The group made this known through a statement made available to newsmen in Abuja on Friday by its country head of office, Mr Akingunola Omoniyi.
Recall that a Senior Advocate of Nigeria, Olisa Agbakoba, recently wrote to the National Assembly, stating that the Economic and Financial Crimes Commission (EFCC) is unconstitutionally established.
He had argued that the powers under which the Commission was established exceeded the National Assembly’s authority.
However, NEFGAD in its statement, argued that Agbakoba’s letter shouldn’t have come at a time when a matter of some state governments challenging the power of the EFCC over their states’ affair is pending before the supreme court of Nigeria.
“This makes the position of Mr Agbakoba somewhat preemptive and subjudice and suggestive of some underlying factors.
“Mr Agbakoba’s assertion that the power with which the EFCC was established goes beyond the power of the National Assembly is constitutionally unfounded since no child can grow older than his parents, then the enactment of a parliament cannot go beyond the power of the parliament that enacted it.
“As an organisation, we do hope that the learned silk took time to read through part 11 of second schedule of the constitution of the Federal Republic of Nigeria 1999 (as amended) to see the legislative powers of the National Assembly as regards lawmaking for the peace, order, and good government of the federation and any part thereof.
“With due respect, Mr Agbakoba should also be reminded that the first item on the exclusive legislative list which some corrupt and disgruntled elements within the system are relying on their journey to nowhere emphasized succinctly about the accounts of the government of the federation, including its audit.
“If the constitution speaks expressly about the federation account and its audits, hence, it is incumbent on the same federal government that is generating the money on behalf of the entire federation to create an institution that will monitor and or police the accounts, this is exactly what the EFCC is established to achieve across the country among other financial and economic crimes,” the statement said.
Omoniyi noted that as contained in its establishment Act, the EFCC is strictly a law enforcement agency, serving as coordinating office on financial crimes and other allied criminal matters involving the Police, DSS, Immigration, Customs among other relevant sister agencies.
“The inclusion of these agencies in the EFCC Board, particularly the Department of State Services (DSS), the Nigeria Police Force and Nigeria Immigration Service whose establishment Acts equally emanated from the National Assembly and are providing security, immigration and other exclusive services for states should be enough to tell Mr Agbakaoba and others that states cannot isolate themselves completely from the federal government and or choose the laws to obey by themselves, not even on those that borders on protecting our common patrimony or revenue derived from the federation account.
“The states should also be reminded that whatever the outcome of the Supreme court case is, the enormity of powers of the National Assembly suffices as expressed in part 11 section (5) of the Constitution that ‘’if any law enacted by the House of Assembly of a state is inconsistent with any law validly made by the National Assembly, the law made by the National Assembly shall prevail, and that other law shall to the extent of the inconsistency be void,” he said.
He added that contrary to Mr Agbakoba’s claim, the EFCC is properly established, having gone through all legislative and executive procedures.
Omoniyi noted that the issue of harmony between the EFCC with other sister agencies is merely an operational or administrative matter that can be addressed without necessarily going through the rigor of legislative/constitutional amendment processes.
“No human and or organization is perfect and the EFCC is not an exception, but throwing away the baby with the bathwater is what we will not tolerate and we are ready to mobilize all Nigerians home and abroad to stand against any sinister motive aimed at stifling the operations of the Commission,” he said.