Olisa Agbakoba, SAN, a former President of the Nigerian Bar Association (NBA), has expressed concerns over the constitutionality of the Economic and Financial Crimes Commission (EFCC), stating that it was "unconstitutionally established." Agbakoba made this assertion in a letter dated October 14, 2024, addressed to Mr. Benjamin Kalu, Deputy Speaker of the House of Representatives and Chairman of the House Committee on Constitution Review.
In the letter, Agbakoba highlighted several constitutional issues regarding law enforcement agencies and how these issues hinder the government's efforts to eradicate corruption, as outlined in Section 13 of the 1999 Constitution.
He argued that the establishment of the EFCC exceeds the powers granted to the National Assembly, stressing that numerous states have started challenging the agency's constitutionality.
Agbakoba wrote: "I wish to draw attention to constitutional issues concerning law enforcement agencies. As you know, the government's primary objective is to eliminate corruption. However, from my observations, there is no coordination among these agencies when it comes to fighting corruption. They seem to be working against each other, which has been affirmed by the Supreme Court in various rulings. The Court has often sanctioned the EFCC and questioned whether it has the legal authority to carry out its functions.
"I believe strongly that the EFCC was established unconstitutionally, as its powers exceed what the National Assembly is permitted to create. This makes the EFCC an unlawful organization."
Agbakoba welcomed the fact that several states are now challenging the EFCC's legal standing, hoping that this will lead to clarity on the issue once the Supreme Court makes a final ruling.
He called for a public hearing in the House of Representatives to discuss these constitutional concerns, noting that such a platform would allow for reforms to strengthen Nigeria’s legal and institutional frameworks for law enforcement and anti-corruption efforts.
"I respectfully request that the House of Representatives convene a public hearing to address these constitutional issues. This would create a valuable opportunity for stakeholders to deliberate on the necessary reforms to align Nigeria's law enforcement structures with the government's objective of eliminating corruption, as stated in Section 13 of the Constitution," Agbakoba stated.
He urged the Constitution Review Committee, under the leadership of Mr. Kalu, to give the matter urgent attention for the nation's progress.
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