Renowned lawyer and Senior Advocate of Nigeria, Olisa Agbakoba, has sounded the alarm on constitutional issues surrounding law enforcement agencies in Nigeria, specifically targeting the Economic and Financial Crimes Commission (EFCC).
In two separate letters dated October 14, 2024, addressed to the Deputy Senate President, Senator Barau Jibrin, and Deputy Speaker of the House of Representatives, Hon. Benjamin Kalu, Agbakoba declared the EFCC as “unconstitutionally established” and an “unlawful organization.”
“I very strongly believe the EFCC is unconstitutionally established. The powers under which it was established go beyond the powers of the National Assembly,” Agbakoba stated. This bold assertion is grounded in his observation that law enforcement agencies are working at cross purposes, hindering the government’s objective of abolishing corruption as outlined in Section 13 of the Constitution.
Agbakoba commended the leadership demonstrated by Senator Jibrin and Hon. Kalu in advancing the government’s reform agenda. However, he emphasized the need for urgent legislative attention on constitutional reforms related to law enforcement agencies and anti-corruption efforts.
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“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 organization.
“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.
“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,” Agbakoba concluded.
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