Examination of the Constitutional Authority of the EFCC to Arrest and Detain Civilians

The establishment and operational powers of government authorities, particularly concerning their ability to arrest and detain civilians, have been a subject of considerable legal scrutiny in Nigeria. This paper investigates whether the Federal Legislature possesses the constitutional legislative authority to grant the Economic and Financial Crimes Commission (EFCC) the power to arrest and detain civilians, especially in periods devoid of a state of emergency.

Framework of Nigerian Federalism

The Federal Republic of Nigeria comprises a federation of states and the Federal Capital Territory (FCT), overseen by the President, the National Assembly, and the judiciary. The Constitution of the Federal Republic of Nigeria (CFRN) serves as the legal foundation for governance, encapsulating both federal and state legislatures. According to Section 2 of the CFRN, the administration of Nigeria is a collaborative effort between the federal and state authorities, with specific roles delineated for each level of government.

1. Legislative Powers: The National Assembly is empowered to enact laws concerning matters listed in the Exclusive and Concurrent Legislative Lists, as specified in sections 4 and 7 of the CFRN. The Exclusive Legislative List grants the National Assembly sole authority to legislate on specific issues, while the Concurrent Legislative List allows both federal and state legislatures to enact laws on shared matters.
2. Establishment of Security Authorities: The National Assembly can create government authorities, including security services, as part of its legislative powers. This is evident in Item 60(a) of Part I of the Second Schedule to the CFRN, which empowers the National Assembly to establish authorities to promote and enforce fundamental objectives and directive principles, including anti-corruption efforts.

The Role of the EFCC

The EFCC is a statutory body established by the National Assembly with the mandate to combat economic and financial crimes. Its foundation rests on sections 4 and 15(5) of the CFRN and Item 60(a) of the Second Schedule. The commission operates within the framework of federal law, making it a federal authority with jurisdiction to act across states and the FCT.

1. Authority to Arrest and Detain: The power of arrest and detention by the EFCC is primarily derived from its enabling legislation, the Economic and Financial Crimes Commission (Establishment) Act. This act confers the EFCC with powers that include the arrest and detention of individuals suspected of economic and financial crimes, thus expanding its operational capacity beyond mere investigation.
2. Constitutional Limitations: While the EFCC’s powers are well-defined under federal law, it must operate within the confines of the constitution. The CFRN emphasizes that all actions taken by government authorities must adhere to principles of democracy, social justice, and the rule of law, as enshrined in sections 1(2) and 14(1).

Legal Implications of Arrests and Detention

The legality of the EFCC’s power to arrest and detain civilians in periods without a state of emergency hinges on several factors:

1. Constitutional Mandate: The CFRN does not stipulate that arrest and detention powers are contingent upon a state of emergency. Instead, it provides a framework within which federal authorities like the EFCC can operate under established laws.
2. Judicial Oversight: The EFCC’s exercise of its arrest powers must be subject to judicial review, ensuring adherence to due process. This oversight is vital to prevent abuses of power and protect citizens’ rights.
3. Implications for Federalism: The constitution allows for a centralized approach to issues like corruption through federal agencies while recognizing the autonomy of states. Consequently, the EFCC’s actions should not infringe on the rights and freedoms of individuals, aligning with the principles of justice and human rights.

Conclusion

The EFCC, established under federal law, possesses the constitutional authority to arrest and detain civilians in Nigeria, irrespective of a state of emergency. This power is enshrined in its enabling legislation and is part of the broader mandate to combat economic and financial crimes. However, the exercise of these powers must be balanced with respect for the rule of law, ensuring that actions taken by the EFCC remain accountable and just. The interplay between federal and state authority underscores the importance of continuous evaluation of legislative powers within the Nigerian constitutional framework, particularly concerning the protection of citizens’ rights and the promotion of social justice.