Femi Falana, a Senior Advocate of Nigeria (SAN) and renowned human rights activist, has voiced his disagreement with former Nigerian Bar Association (NBA) President Dr. Olisa Agbakoba regarding the legal status of the Economic and Financial Crimes Commission (EFCC). Falana's opposition was communicated in a letter addressed to the President of the Senate, Senator Godswill Akpabio, and Speaker of the House of Representatives, Rt. Hon. Tajudeen Abbas, dated October 17, 2024.
In his letter, Falana referred to Agbakoba’s claims made in separate letters sent to the Senate and House of Representatives on October 14, 2024, where Agbakoba argued that the EFCC was established beyond the constitutional powers of the National Assembly. Agbakoba described the EFCC as "an unlawful organisation" due to its "unconstitutional establishment" and noted that various states had begun to challenge its legality.
Falana criticized Agbakoba's lack of legal precedents to support his assertions, emphasizing that the Supreme Court has consistently upheld the roles of both the EFCC and the Independent Corrupt Practices and Other Offences Commission (ICPC) in combating corruption. He pointed out that while Agbakoba claimed the Supreme Court had criticized the EFCC, the reality is that the court has, in fact, supported its activities.
Referencing a significant case, Falana noted that the Supreme Court upheld the constitutional validity of the ICPC Act in 2022, confirming that the National Assembly has the authority to establish bodies like the EFCC to address corruption as mandated by the Constitution.
Falana further stated that if the establishment of the EFCC indeed violated federalism principles, it would be the Constitution itself that allowed such provisions. He highlighted that the apex court has recognized the EFCC as a critical agency for investigating and prosecuting financial crimes, thus legitimizing its existence and operations.
In light of ongoing debates about the EFCC's legality, Falana urged the National Assembly to take action during the current constitutional review process. He proposed that both the EFCC and ICPC should be enshrined in the Constitution to ensure their protection and efficacy in the fight against corruption and money laundering in Nigeria. He criticized certain state governments for attempting to undermine federal anti-corruption initiatives rather than supporting them.
"The entrenchment of these commissions in the Constitution will strengthen their powers and allow them to effectively combat corruption," Falana stated, emphasizing the need for a united front against financial crimes in Nigeria.
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