Former President of the Nigerian Bar Association (NBA), Olisa Agbakoba, SAN, has described the Economic and Financial Crimes Commission (EFCC) as an unlawful organisation.
Agbakoba made this claim in two separate letters addressed to the Nigerian Senate and House of Representatives, dated October 14, 2024. Copies of the letters were made available to newsmen in Abuja on Wednesday.
The letters were directed to Senator Barau Jibrin, Deputy Senate President and Chairman of the Senate Committee on Constitution Review, as well as Benjamin Kalu, Deputy Speaker of the House and Chairman of the House Committee on Constitution Review.
Agbakoba stated that the EFCC was “unconstitutionally established” and its formation exceeded the powers granted to the National Assembly.
He argued that the current structure of the EFCC contradicts the constitutional framework of law enforcement agencies in Nigeria and hinders the government’s efforts to fight corruption, as outlined in Section 13 of the 1999 Constitution.
Agbakoba wrote, “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 NBA,” he added.
He said that he was delighted to note that many states had finally taken it upon themselves to challenge the constitutionality of the EFCC, saying, “This will put to rest the question relating to the validity of the EFCC.”
The letter to the Senate was titled, “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts.”
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