Abuja, Nigeria – Renowned legal expert and former President of the Nigerian Bar Association (NBA), Olisa Agbakoba, SAN, has raised concerns over the legality of the Economic and Financial Crimes Commission (EFCC), asserting that the anti-graft agency was “unconstitutionally established.” 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, Agbakoba called for a public hearing to address constitutional issues surrounding the EFCC and other law enforcement agencies.
Agbakoba pointed out that the EFCC’s establishment exceeds the powers granted to the National Assembly, questioning its validity under Nigerian law. He further noted that several states have initiated legal challenges against the constitutionality of the EFCC, which could bring clarity on the agency’s legal standing once addressed by the Supreme Court.
In his letter, Agbakoba stressed the need for harmony among law enforcement agencies, citing the government’s responsibility to eradicate corruption as outlined in Section 13 of the 1999 Constitution. He expressed concerns that agencies tasked with fighting corruption are working at cross purposes, and this lack of coordination has been criticized by the Supreme Court in numerous rulings.
“I strongly believe the EFCC is unconstitutionally established. The powers under which it was created exceed those of the National Assembly, making it an unlawful organization,” Agbakoba stated. “I am pleased that many states have taken steps to challenge its constitutionality, and this will settle the matter once and for all.”
He urged the House of Representatives to convene a public hearing to discuss these issues and explore necessary reforms to strengthen Nigeria’s legal and institutional frameworks for combating corruption. Agbakoba expressed confidence that, under Kalu’s leadership, the Constitution Review Committee would prioritize these pressing matters in the interest of national development.
