Agbakoba Writes To N’Assembly, Questions The Legal Status Of The EFCC

Agbakoba Writes To N’Assembly, Questions The Legal Status Of The EFCCDr. Olisa Agbakoba (SAN), a former President of the Nigerian Bar Association, has addressed the National Assembly regarding constitutional concerns surrounding law enforcement agencies in Nigeria and challenges impeding the government’s anti-corruption goals as outlined in Section 13 of the Constitution.

In two letters dated October 14, 2024, directed to the Deputy Senate President Barau Jibrin and the Deputy Speaker of the House of Representatives Benjamin Kalu, Agbakoba asserted that the Economic and Financial Crimes Commission (EFCC) is an unlawful entity, claiming it was “unconstitutionally established.” He emphasized, “The powers under which it was established exceed those of the National Assembly. The EFCC is an unlawful organisation.”

His communication comes as approximately 16 states are seeking to question the EFCC’s legitimacy in a pending Supreme Court ruling on October 22, which aims to declare the EFCC has no authority to audit state government accounts.

Agbakoba expressed his satisfaction that states are challenging the EFCC’s constitutionality, stating, “This will resolve the validity of the EFCC.” He urged the Senate to hold a public hearing on these critical constitutional matters, suggesting it would allow stakeholders to propose reforms necessary for enhancing Nigeria’s legal and institutional frameworks related to law enforcement and anti-corruption.

In his letter, he praised Jibrin’s leadership in the Senate Constitution Review Committee and called for urgent attention to the issues he raised, emphasizing the need for a cohesive approach to combat corruption effectively. He concluded by expressing hope for a timely response to his concerns.

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