Ex-NBA President Agbakoba Calls for Legislative Action, Deems EFCC Unconstitutional

Olisa Agbakoba challenges the legality of the EFCC, urging the Nigerian Senate to address the constitutional issues surrounding its establishment

Former President of the Nigerian Bar Association (NBA), Olisa Agbakoba, has asserted that the Economic and Financial Crimes Commission (EFCC) is an unconstitutional entity. In a letter addressed to the Senate, Agbakoba stressed the need for urgent legislative review regarding the agency’s legitimacy.

In his correspondence, dated October 14, Agbakoba directed two separate letters to the Deputy Senate President, Senator Barau Jibrin, and the Deputy Speaker of the House of Representatives, Benjamin Kalu. Both individuals hold significant roles as heads of the Senate and House Committees on Constitution Review.

Agbakoba’s primary concern lies with the EFCC’s foundational framework, which he believes exceeds the powers granted to the National Assembly by the Nigerian Constitution. His stance is that the EFCC, as it stands, operates unlawfully, making its establishment and operations questionable from a constitutional standpoint. “The EFCC is unconstitutional,” he emphasized, urging the Senate to consider reform in line with proper legal standards.

The focus of Agbakoba’s message extends to the broader implications of how law enforcement agencies, including the EFCC, function within Nigeria’s constitutional framework. He pointed out that issues surrounding the EFCC’s existence have led some states to challenge its legality, which could potentially resolve the controversy surrounding its legitimacy.

Agbakoba also reminded the legislature of the critical importance of adhering to constitutional protocols while striving to combat corruption, as outlined in Section 13 of the 1999 Constitution. He underscored that the path to eradicating corruption cannot be paved by institutions operating outside the law. By labeling the EFCC unconstitutional, Agbakoba urged lawmakers to address these discrepancies and take steps toward enacting genuine reform.

In his letter titled “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,” the senior lawyer reiterated his hope that the legislature would engage in necessary reforms that would respect Nigeria’s constitutional provisions.