Renowned Senior Advocate of Nigeria (SAN) and former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba, has raised serious concerns regarding the legality of the Economic and Financial Crimes Commission (EFCC).
Agbakoba, in separate letters addressed to key leaders in the National Assembly, claimed that the EFCC is “unconstitutionally established” and, therefore, an unlawful entity.
The letters, dated October 14, 2024, were directed to Senator Barau Jibrin, Deputy Senate President, and Hon. Benjamin Kalu, Deputy Speaker of the House of Representatives. In these letters, Agbakoba called for a public hearing to address constitutional issues related to law enforcement agencies, particularly the EFCC.
He argued that the commission’s powers extend beyond the scope of authority provided by the Nigerian Constitution.
“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 said.
Agbakoba cited Supreme Court rulings that have questioned the legality of the EFCC’s actions, noting that the anti-graft agency operates outside the constitutional limits set by the National Assembly.
He further commended state governments for challenging the constitutionality of the EFCC, stressing that this would finally settle the debate over its validity.