Olisa Agbakoba, a senior of Nigeria (SAN), has called on the National Assembly to address constitutional concerns surrounding Nigeria’s law enforcement agencies, particularly the Economic and Financial Crimes Commission (EFCC).
In letters addressed to the Senate and House of Representatives dated October 14, 2024, Agbakoba argued that the EFCC is an “unlawful organisation” that was “unconstitutionally established.”
Agbakoba, a former President of the Nigerian Bar Association, wrote separately to Barau Jibrin, the deputy senate president, and Benjamin Kalu, the deputy speaker of the House of Representatives, both of whom chair their chambers’ respective Constitution Review Committees.
He commended their efforts but highlighted the need for reforms in Nigeria’s legal and institutional frameworks to enhance the government’s fight against corruption.
“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 wrote.
He also pointed out that the Supreme Court has raised questions about the EFCC’s legal foundation in previous rulings.
Agbakoba expressed his support for several states challenging the EFCC’s constitutionality in court, saying, “This will put to rest the question relating to the validity of the EFCC.”
He urged the Senate to hold a public hearing on the issue to foster a national conversation on the reform of law enforcement and anti-corruption agencies.
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 the government’s reform agenda through a robust constitutional framework. Your efforts to strengthen the legal infrastructure underpinning the nation’s development programs 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 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 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 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.
“Thank you for your consideration of this important matter. I look forward to your response.”
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