Agbakoba writes NASS, says EFCC establishment is unlawful

Renowned legal legal icon, Dr Olisa Agbakoba ,SAN, has drawn the attention of the National Assembly to the constitutional issues related to law enforcement agencies and the factors inhibiting 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, Agbakoba, a former president of the Nigerian Association, NBA, said the Economic and Financial Crimes Commission, EFCC, is an unlawful organisation in contrast to the Constitution of the Federal Republic of Nigeria.

“I very strongly believe the EFCC is unconstitutionally established. The powers under which it was established go beyond the powers of the National Assembly. It is an unlawful organisation,” Agbakoba said.

The letters were addressed separately to the Deputy Senate President, Barau Jibrin and Deputy Speaker of the House of Representatives, Benjamin Kalu, who doubles as the Chairman, House Committee on Constitution Review, while Senator Jibrin is the Chairman, Senate Committee on Constitution Review.

Agbakoba noted 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 its validity.”

The letter to the deputy Senate president, titled ‘Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,’ reads: “I commend you for the remarkable leadership you have demonstrated as chairman, Senate Constitution Review Committee, particularly in advancing government’s reform agenda through a robust constitutional framework. Your efforts to strengthen the legal infrastructure underpinning the nation’s development programmes are indeed commendable.

“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 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 EFCC for its conduct and questioned if it 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. It is an unlawful organisation.

“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 its validity. 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 objectives of 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.”