Senior Advocate of Nigeria, Olisa Agbakoba, has raised concerns with the National Assembly regarding constitutional issues associated with law enforcement agencies in Nigeria, emphasizing the obstacles hindering the government’s goal of eradicating corruption as outlined in Section 13 of the Constitution.
In two letters dated October 14, 2024, addressed to the Senate and House of Representatives, Agbakoba contends that the Economic and Financial Crimes Commission (EFCC) is an unlawful organization that was “unconstitutionally established.”
“I firmly believe the EFCC is unconstitutionally established. The powers under which it was created exceed those granted to the National Assembly. The EFCC is an unlawful organization,” stated Agbakoba, a former President of the Nigerian Bar Association (NBA).
The letters were sent to the Deputy Senate President, Senator Barau Jibrin, and the Deputy Speaker of the House of Representatives, Hon. Benjamin Kalu, who also chairs the House Committee on Constitution Review, with Jibrin serving in a similar capacity in the Senate.
Agbakoba expressed satisfaction that several states have begun to challenge the constitutionality of the EFCC, remarking, “This will help resolve the question regarding the validity of the EFCC.”
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 commended Jibrin for his leadership as Chairman of the Senate Constitution Review Committee, particularly in promoting the government’s reform agenda through a robust constitutional framework. He praised efforts to enhance the legal infrastructure supporting the nation’s development programs.
Agbakoba went on to highlight specific constitutional issues related to law enforcement agencies, noting that while the government aims to combat corruption, there appears to be a lack of coordination among law enforcement agencies, which often operate at cross purposes. This disarray, he stated, has been confirmed by the Supreme Court in various rulings.
“I strongly believe the EFCC is unconstitutionally established. The powers under which it was created exceed those of the National Assembly,” he reiterated, calling for a public hearing to discuss these pressing constitutional matters.
Agbakoba suggested that such a hearing would serve as a crucial platform for stakeholders to deliberate on the necessary reforms needed to strengthen Nigeria’s legal and institutional frameworks for law enforcement and anti-corruption, aligning with the government’s stated objective of abolishing corruption as mandated by Section 13 of the Constitution.
“I trust that, under your capable leadership, the Senate Constitution Review Committee will prioritize these issues for the advancement of our nation’s development .
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