Femi Falana Challenges Claims on the Legality of the EFCC

Human rights activist and lawyer Femi Falana (SAN) has reached out to Senate President Godswill Akpabio and House Speaker Tajudeen Abbas to contest the views of former Nigerian Bar Association President Dr. Olisa Agbakoba (SAN) regarding the legal standing of the Economic and Financial Crimes Commission (EFCC). In a letter dated October 17, 2024, Falana rejected Agbakoba’s assertion that the EFCC operates as an “unlawful organization.”

Falana’s correspondence references Agbakoba’s letters sent to the Senate and House of Representatives on October 14, 2024, which called for urgent legislative attention to constitutional reforms concerning law enforcement and anti-corruption efforts. Agbakoba contended that the authority under which the EFCC was created exceeds the powers granted to the National Assembly and expressed satisfaction with various states challenging the EFCC’s constitutionality.

In his response, Falana pointed out that Agbakoba failed to cite any specific cases that support his claim that the Supreme Court has criticized the EFCC. He argued that, on the contrary, the Supreme Court has consistently backed the efforts of both the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) in combating corruption.

Falana emphasized that Agbakoba’s position is predicated on the belief that the EFCC’s establishment breaches the principles of federalism. He referred to the significant case of Attorney-General of Ondo State v. Attorney-General of the Federation, in which the constitutional validity of the ICPC was upheld by the Supreme Court. He noted that both Agbakoba and the late Professor Ben Nwabueze acted as amici curiae in that case, advocating for the annulment of the ICPC Act. However, the Supreme Court affirmed the National Assembly’s authority to establish regulatory bodies aimed at eliminating corruption.

He further clarified that, despite the ongoing discourse regarding the EFCC, no legal challenges to the EFCC Act have emerged in any court. The Supreme Court had previously clarified that while state governments have the right to contest the EFCC’s actions, they must do so in appropriate courts, and no state has followed this route.

Falana criticized some state governments for obstructing federal anti-corruption efforts instead of fostering collaboration. He urged the National Assembly to leverage the ongoing constitutional amendment process to solidify the legitimacy of both the EFCC and ICPC by enshrining them in the Constitution. This, he argued, would fortify their mandates and enhance the fight against corruption and financial crimes in Nigeria.

Written By; Christopher Emuakpeje

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