Ahead of the October 22 hearing of the suit by 19 state governments challenging the constitutionality of the Economic and Financial Crimes Commission (EFCC) by a seven-man panel of Supreme Court justices, a Senior Advocate of Nigeria, Olisa Agbakoba, has written to the National Assembly to consider the legality of the EFCC Act and others.

In two separate letters to the Senate and House of Representatives, dated October 14, 2024, the highly respected Constitutional lawyer said the EFCC was an unlawful organisation, which he said 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 organization,” Agbakoba, the former President of the Nigerian Bar Association (NBA), said.

The letters were addressed separately to the Deputy Senate President, Senator Barau Jibrin; and Deputy Speaker of the House of Representatives, Hon. 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 referenced the suit by some state governments challenging 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”, states:

“I commend you for the remarkable leadership you have demonstrated as Chairman, Senate Constitution Review Committee, particularly in advancing the government’s reform agenda through a robust constitutional framework. Your efforts to strengthen the legal infrastructure underpinning the nation’s development programs are indeed commendable.

“I write to draw attention to certain constitutional issues on matters related to law enforcement agencies. As you are obviously aware, the fundamental objective of the government is to abolish corruption. But from my observation, there is no harmony amongst law enforcement agencies on corruption. They all appear to be working at cross purposes.

“This has been confirmed by the Supreme Court in so many cases. The Supreme Court has consistently sanctioned the EFCC for its conduct and questioned if the EFCC can in fact validly do what it does. I will go further to say that 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.

“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.

“I trust that, under your capable leadership, the Senate Constitution Review Committee will give these matters urgent attention in the interest of our nation’s development.

“Thank you for your consideration of this important matter. I look forward to your response.”