SENIOR ADVOCATE OF NIGERIA DESCRIBES EFCC AS UNLAWFUL ORGANIZATION

A Senior Advocate of Nigeria, OLISA AGBAKOBA, has drawn the attention of the National Assembly to constitutional issues related to law enforcement agencies in Nigeria, questioning the legality of the Economic and Financial Crimes Commission, EFCC, and factors inhibiting the Government’s objective of abolishing corruption as stated in Section 13 of the Constitution.

In two separate letters to the Senate and House of Representatives, dated October 14, 2024, the renowned lawyer said the Economic and Financial Crimes Commission (EFCC) was an unlawful organization, which he believed was “unconstitutionally established”,  noting that many states had finally taken it upon themselves to challenge the constitutionality of the EFCC, as this will put to rest the question relating to the validity of the EFCC.”

In the letter to the Deputy Senate President, titled, “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts”, AGBAKOBA observed that there is no harmony amongst law enforcement agencies on corruption as they all appear to be working at cross purposes, stressing that this has been confirmed by the Supreme Court in so many cases, as the apex court has consistently sanctioned  the EFCC for its conduct and questioned if the EFCC can in fact validly do what it does. 

While stressing that the EFCC is an unlawful organization, the senior advocate of Nigeria called on the Senate convene a public hearing to consider these constitutional issues, as such 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.

He also urged the Senate Constitution Review Committee to give these matters urgent attention in the interest of the nation’s development.