Senior Advocate of Nigeria (SAN) Olisa Agbakoba has raised concerns to the National Assembly regarding constitutional issues related to Nigeria’s law enforcement agencies and the challenges hindering the government’s anti-corruption efforts, as outlined in Section 13 of the Constitution.
In two separate letters dated October 14, 2024, addressed to the Senate and House of Representatives, Agbakoba described the Economic and Financial Crimes Commission (EFCC) as an “unlawful organization,” claiming it was unconstitutionally established.
“I strongly believe the EFCC was unconstitutionally established. The powers under which it operates exceed the legislative authority of the National Assembly. The EFCC is an unlawful organization,” Agbakoba, a former President of the Nigerian Bar Association (NBA), wrote.
The letters were sent to the Deputy Senate President, Senator Barau Jibrin, and the Deputy Speaker of the House of Representatives, Hon. Benjamin Kalu, both of whom chair the Constitution Review Committees in their respective chambers.
Agbakoba expressed his satisfaction that several states had initiated legal challenges against the constitutionality of the EFCC, stating that these actions would help resolve questions regarding its legitimacy.
In his letter to Senator Jibrin, titled “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,” Agbakoba praised the senator’s leadership on constitutional reforms but emphasized the need to address the lack of coordination among law enforcement agencies tasked with fighting corruption.
“As you are aware, the fundamental objective of the government is to eliminate corruption. However, law enforcement agencies appear to be working at cross purposes, which has been confirmed by numerous Supreme Court rulings. The Supreme Court has consistently criticized the conduct of the EFCC and questioned its legal authority,” Agbakoba wrote.
He further called on the Senate to convene a public hearing to address these constitutional concerns, which he said would offer stakeholders an opportunity to propose reforms aimed at strengthening Nigeria’s legal and institutional frameworks for law enforcement and anti-corruption.
“I trust that, under your capable leadership, the Senate Constitution Review Committee will give these matters the urgent attention they deserve, in the interest of our nation’s development,” Agbakoba concluded.