A former President of the Nigerian Bar Affiliation, Dr Olisa Agbakoba (SAN), has written to the Nationwide Meeting about constitutional points associated to legislation enforcement companies in Nigeria and components inhibiting the federal government’s goal of abolishing corruption, as said in Part 13 of the Structure.
In two separate letters to the Senate and Home of Representatives, dated October 14, 2024, he stated the Financial and Monetary Crimes Fee was an illegal organisation that he believed was “unconstitutionally established.”
He stated, “I very strongly imagine the EFCC is unconstitutionally established. The powers beneath which it was established transcend the powers of the Nationwide Meeting. The EFCC is an illegal organisation,” Agbakoba stated.
The letters have been addressed individually to the Deputy Senate President, Barau Jibrin; and Deputy Speaker of the Home of Representatives, Benjamin Kalu.
The Deputy Speaker doubles because the Chairman, of the Home Committee on Structure Overview, whereas the Senate President is the Chairman, of the Senate Committee on Structure Overview.
Agbakoba’s name got here amidst a transfer by about 16 states of the federation to delegitimise the EFCC.
The Supreme Court docket will, on October 22, rule on the go well with introduced earlier than it by 16 states, looking for to declare EFCC has no proper to test the accounts of the state authorities.
Agbakoba said that he was delighted to notice that many states had lastly taken it upon themselves to problem the constitutionality of the EFCC, saying, “It will put to relaxation the query regarding the validity of the EFCC.”
The letter to the Deputy Senate President, titled, “Pressing Legislative Consideration on Constitutional Reforms Regarding Legislation Enforcement Businesses and Anti-Corruption Efforts,” learn: “I commend you for the outstanding management you will have demonstrated as Chairman, Senate Structure Overview Committee, notably in advancing the federal government’s reform agenda by means of a strong constitutional framework.
“Your efforts to strengthen the authorized infrastructure underpinning the nation’s growth programmes are certainly commendable.
“I write to attract consideration to sure constitutional points on issues associated to legislation enforcement companies. As you might be clearly conscious, the basic goal of the federal government is to abolish corruption.
“However from my statement, there isn’t a concord amongst legislation enforcement companies on corruption. All of them look like working at cross functions.
“This has been confirmed by the Supreme Court docket in so many instances. The Supreme Court docket has constantly sanctioned the EFCC for its conduct and questioned if the EFCC can validly do what it does. I’ll go additional to say that I very strongly imagine the EFCC is unconstitutionally established. The powers beneath which it was established transcend the powers of the Nationwide Meeting. The EFCC is an illegal organisation.
“I’m very delighted to notice that many states have lastly taken it upon themselves to problem the constitutionality of the EFCC.
“It will put to relaxation the query regarding the validity of the EFCC. While we await the choice of the Supreme Court docket as the ultimate court docket on the matter, I respectfully request that the Senate convene a public listening to to think about these constitutional points.
“Such a listening to would supply a useful platform for stakeholders to debate the reforms wanted to strengthen Nigeria’s authorized and institutional frameworks for legislation enforcement and anti-corruption, which is able to meet the said and laudable goal of the federal government to abolish corruption as said in Part 13 of the Structure.
“I belief that, beneath your succesful management, the Senate Structure Overview Committee will give these issues pressing consideration within the curiosity of our nation’s growth.
“Thanks on your consideration of this vital matter. I look ahead to your response.”