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Nigerian SAN Tags EFCC As Unlawful Organization
Agbakoba writes National Assembly over illegalities of anti-draft organization EFCC
Dr. Olisa Agbakoba, SAN, a renowned legal luminary has drawn the attention of the National Assembly to constitutional issues related to law enforcement agencies in Nigeria and factors inhibiting the Government’s objective of abolishing corruption as stated in Section 13 of the Constitution.
In two separate letters to the Senate and House of Representatives, dated October 14, 2024, he said the Economic and Financial Crimes Commission was an unlawful organisation, which he believed was “unconstitutionally established”.
“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 organization,” Agbakoba, a former President of the Nigerian Bar Association, said.
The letters were addressed separately to the Deputy Senate President, Senator Barau Jibrin; and Deputy Speaker of the House of Representatives, Hon. Benjamin Kalu.
The Deputy Speaker doubles as the Chairman, House Committee on Constitution Review, while Senator Jibrin is Chairman, Senate Committee on Constitution Review.
Agbakoba noted that he was delighted to note that many states had finally taken it upon themselves to challenge the constitutionality of the EFCC, 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”, reads: “I commend you for the remarkable leadership you have demonstrated as Chairman, Senate Constitution Review Committee, 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 programs are indeed commendable