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A Senior Advocate of Nigeria (SAN), Olisa Agbakoba has on Thursday told both chambers of the National Assembly that the Economic and Financial Crimes Commission (EFCC) is “unconstitutionally established.”
He frowned on the difficulties occasioned by constitutional hurdles in the fight against corruption.
In two separate letters to the Senate and House of Representatives, Agbakoba stated: “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.”
The letters were addressed separately to the chairpersons of the respective Committees on the Review of the 1999 Constitution in the National Assembly — Deputy Senate President Barau Jibrin and Deputy Speaker of the House of Representatives Benjamin Kalu.
Agbakoba expressed pleasure that some states of the federation have indicated their readiness to contest the constitutionality of the anti-graft agency, saying, “This will put to rest the question relating to the validity of the EFCC.”
The letter to the Deputy Senate President, titled, 'Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,' read, “I commend you for the remarkable leadership you have demonstrated as Chairman of the Senate Committee on Constitution Review, particularly in advancing the government’s reform agenda through a robust constitutional framework. Your efforts to strengthen the legal infrastructure underpinning the nation’s development programmes are indeed commendable.
“I write to draw attention to certain constitutional issues related to law enforcement agencies. As you are obviously aware, the fundamental objective of the government is to abolish corruption. However, from my observation, there is no harmony among law enforcement agencies on this issue. They all appear to be working at cross purposes.
“This has been confirmed by the Supreme Court in numerous cases. The Supreme Court has consistently sanctioned the EFCC for its conduct and questioned whether the EFCC can, in fact, validly perform its functions.
"I will go further to state that I very strongly believe the EFCC is unconstitutionally established. The powers under which it was established went beyond the powers of the National Assembly. The EFCC is an unlawful organisation.
“I am very pleased 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 its validity. While we await the decision of the Supreme Court as the final arbiter on the matter, I respectfully request that the Senate convene a public hearing to consider these constitutional issues.
“Such a hearing would provide an invaluable platform for stakeholders to discuss the reforms needed to strengthen Nigeria’s legal and institutional frameworks for law enforcement and anti-corruption, thereby meeting the stated and laudable objective of the government to abolish corruption, as outlined in Section 13 of the Constitution.
“I trust that, under your capable leadership, the Senate Constitution Review Committee will give these matters urgent attention in the interest of our nation’s development."
