Is EFCC an Illegal Agency? Olisa Agbakoba Reveals Shocking Truth as Governors Demand Abolition
Olisa Agbakoba, former President of the Nigerian Bar Association and a Senior Advocate of Nigeria (SAN), has raised questions about the legality of the Economic and Financial Crimes Commission (EFCC).
In an interview with ARISE NEWS on Friday, Agbakoba urged the National Assembly to reassess whether the EFCC was lawfully established, noting that the legislative process leading to its creation may have been flawed.
Agbakoba revealed that the EFCC Act was passed within two days—an unprecedented speed—which he argued resulted in several legislative mistakes. He expressed concern that the National Assembly may have overstepped its constitutional boundaries in enacting the law.
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“The reason I went to the National Assembly is to say to them—‘You created this institution, so maybe it’s time you reviewed whether what you created is valid,’” he stated.
Constitutional Issues with the EFCC Act
Agbakoba highlighted that while fighting corruption is critical, the EFCC’s legal standing demands closer examination. He criticised the paradox in the Nigerian Constitution, where corruption, though a major issue, is listed under Chapter 2, making it non-justiciable. This legal complexity, he noted, complicates the fight against corruption.
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Through judicial interpretation, Agbakoba explained, the Supreme Court had previously allowed the EFCC to carry out certain functions. However, he pointed out that in recent judgments, the court criticised the EFCC for exceeding its mandate. “The EFCC cannot take on the role of the police or other agencies. That’s not within its authority,” he added.
Agbakoba also warned that the National Assembly’s powers are limited by the exclusive and concurrent lists in the Constitution and do not permit it to create agencies outside its constitutional remit. “The idea that the National Assembly can do whatever it likes is false. It cannot create any monster agency beyond what the constitution allows,” he argued.
Flawed Legislative Process and Overreach
Agbakoba stated that the speed with which the EFCC Act was passed likely led to significant errors. “The EFCC Act is the fastest legislation ever passed in Nigeria—in just two days. I believe mistakes were made, and one of them is the National Assembly exceeding its legislative powers under Section 4 of the Constitution,” he said.
He noted that the EFCC’s functions often overlap with those of the Nigerian Police Force, raising the question of whether two policing bodies can coexist. “The EFCC Act makes the commission sound like another police force, but there is only one legally recognised police force in Nigeria,” he remarked.
Concerns About EFCC’s Effectiveness and Abuse of Power
Agbakoba criticised the EFCC’s performance in curbing corruption, describing it as ineffective given the scale of fraud and corruption in the country. He remarked, “If you consider the amount of corruption in Nigeria, the EFCC has not been effective in addressing it.”
He also raised concerns about the agency’s conduct, likening it to intimidation. “These guys are terrorists. They misuse their authority and create fear with their red jackets. That is not how a law enforcement agency should operate,” Agbakoba asserted.
While he acknowledged that some officials in the EFCC have worked diligently, he stressed the need for better institutional practices. “At the end of the day, we must scrutinise institutions and assess whether those in authority are acting within legal limits,” he concluded.
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