Dr. Olisa Agbakoba (SAN), a former President of the Nigerian Bar Association, has raised significant concerns about constitutional issues surrounding law enforcement agencies in Nigeria. In particular, he has questioned the legitimacy of the Economic and Financial Crimes Commission (EFCC), claiming it was unlawfully established. He expressed these views in two letters addressed to the National Assembly, specifically the Senate and the House of Representatives, on October 14, 2024. In these letters, directed to the Deputy Senate President, Barau Jibrin, and the Deputy Speaker of the House, Benjamin Kalu, Agbakoba argued that the EFCC was not only unconstitutional but also exceeded the powers granted to the National Assembly in its creation.
He stated that the EFCC’s powers go beyond what is permissible under the Constitution, making it an illegal entity. Agbakoba’s assertion comes as 16 states have also challenged the legality of the EFCC, seeking a Supreme Court ruling to prevent the commission from overseeing state government accounts. The Supreme Court is scheduled to deliver its judgment on the matter on October 22. Agbakoba welcomed these legal challenges, noting that they would finally resolve questions about the EFCC’s validity.
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In his letter to the Deputy Senate President, titled “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,” Agbakoba acknowledged the leadership demonstrated by Jibrin in advancing constitutional reforms but highlighted the need for more coherence among law enforcement agencies tasked with fighting corruption. He pointed out that the Supreme Court had previously criticized the EFCC’s actions in several cases, raising doubts about whether the commission was constitutionally empowered to carry out its functions.
Agbakoba urged the Senate to convene a public hearing to address these constitutional concerns. He argued that such a hearing would provide a forum for discussing needed reforms to enhance Nigeria’s legal and institutional frameworks for anti-corruption efforts, aligning with the government’s objective to eliminate corruption as outlined in Section 13 of the Constitution. He expressed confidence that the Senate Constitution Review Committee, under Jibrin’s leadership, would give these matters the attention they deserve.
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