Former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba, has labeled the Economic and Financial Crimes Commission (EFCC) as an “unlawful organization,” asserting that it was unconstitutionally established. Agbakoba expressed his views in two separate letters addressed to the Senate and House of Representatives, dated October 14, which he made public on Wednesday in Abuja.
In his correspondence to Deputy Senate President Sen. Barau Jibrin and Deputy Speaker of the House Benjamin Kalu, Agbakoba raised constitutional concerns regarding law enforcement agencies in Nigeria, emphasizing the challenges they face in combating corruption as outlined in Section 13 of the 1999 Constitution.
He stated, “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.”
Agbakoba commended various states for taking steps to challenge the constitutionality of the EFCC, suggesting that this move could help resolve ongoing questions regarding the commission’s legitimacy.
His letter to the Deputy Senate President emphasized the need for urgent legislative attention to constitutional reforms relating to law enforcement and anti-corruption efforts. He acknowledged the leadership of the Senate Constitution Review Committee and called for greater harmony among law enforcement agencies, noting that the Supreme Court has frequently sanctioned the EFCC for its actions and questioned its authority.
Agbakoba concluded by reiterating the importance of constitutional reform to support the government’s objective of eradicating corruption in Nigeria.
