“EFCC is unconstitutionally established”: Agbakoba makes suggestion to national assembly

• A former president of the Nigerian Bar Association (NBA), Olisa Agbakoba, has written two separate letters to the senate and house of representatives
• Agbakoba said EFCC is unconstitutionally established and he is glad that many states are challenging the constitutionality of the anti-graft agency
• He said a public hearing should be organised to help discuss the reforms needed to strengthen legal frameworks for law enforcement

Legit.ng journalist Adekunle Dada has over 5 years of experience covering metro, government policy, and international events

FCT, Abuja - A former president of the Nigerian Bar Association (NBA), Olisa Agbakoba, has called on the national assembly to convene a public hearing to consider constitutional issues surrounding the establishment of the Economic and Financial Crimes Commission (EFCC).

Agbakoba said the EFCC is unconstitutionally established and is an unlawful organisation.

Agbakoba said he is glad some states are challenging the constitutionality of the EFCC Photo credit: Olisa Agbakoba
Source: Twitter

As reported by TheCable, Agbakoba stated this in two separate letters addressed to the senate and house of representatives on Monday, October 14.

He said the hearing would help to discuss the reforms needed to strengthen legal and institutional frameworks for law enforcement and anti-corruption in the country.

“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.”

In the letter addressed to Barau Jibrin, deputy senate president, he argued that there is no harmony amongst law enforcement agencies on corruption as they are working at cross purposes.

The senior advocate of Nigeria said the Supreme Court has also confirmed the disunity among law enforcement agencies in 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.”

He added that:

“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.”

Supreme Court Takes Action on 16 Governors vs EFCC's Suit

Meanwhile, Legit.ng reported that the Supreme Court scheduled Tuesday, October 22 to commence hearing the lawsuit filed by 16 states challenging EFCC's establishment.

Kogi state and its attorney general initially filed the suit but were later joined by 15 other states, including Ondo, Edo, and Oyo.

The 16 states are asking the Supreme Court to declare that the federal government lacked the authority to manage state funds and that the EFCC cannot investigate anyone in matters concerning state funds.

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Source: Legit.ng