Olisa Agbakoba, SAN, a former President of the Nigerian Bar Association (NBA), has claimed that the Economic and Financial Crimes Commission (EFCC) is an unlawful organization. He made this assertion in two letters addressed to the Senate and House of Representatives on October 14, which were made available to the press in Abuja on Wednesday.
The letters were directed to the Deputy Senate President, Senator Barau Jibrin, and the Deputy Speaker of the House, Mr. Benjamin Kalu, who also chair the Senate and House Committees on Constitution Review, respectively.
Agbakoba emphasized that the EFCC was “unconstitutionally established,” citing concerns regarding law enforcement agencies and the constitutional mandate to combat corruption as outlined in Section 13 of the 1999 Constitution.
He stated, “The powers under which it was established go beyond the powers of the National Assembly. The EFCC is an unlawful organization.” He expressed optimism that recent challenges to the constitutionality of the EFCC by various states would help clarify its validity.
The letter to the Deputy Senate President is titled, “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts.”