Renowned lawyer, Dr Olisa Agbakoba, SAN, has drawn the attention of the National Assembly to constitutional issues related to law enforcement agencies in Nigeria and factors inhibiting 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 organisation,” 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, 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 in part: “I am very delighted 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 the validity of the EFCC. Whilst we await the decision of the Supreme Court as the final court 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, which will meet the stated and laudable objective of the government to abolish corruption as stated in Section 13 of the Constitution.”