Falana Rejects Agbakoba’s Critique of EFCC’s Constitutionality, Urges Constitutional Protection for Anti-Graft Agencies
Femi Falana, Senior Advocate of Nigeria (SAN) and prominent human rights activist, has vehemently opposed the views expressed by former Nigerian Bar Association (NBA) 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 addressed both the President of the Senate, Senator Godswill Akpabio, and the Speaker of the House of Representatives, Rt. Hon. Tajudeen Abbas, countering Agbakoba’s claims that the EFCC is an “unlawful organization” and “unconstitutionally established.”
Agbakoba, in separate letters to the Senate and House of Representatives on October 14, 2024, argued that the legislative powers under which the EFCC was created exceeded the National Assembly’s constitutional authority. He also expressed support for states challenging the constitutionality of the EFCC.
Falana, however, dismissed Agbakoba’s stance, pointing out that Agbakoba did not provide any specific case law to substantiate his claim that the Supreme Court had ever ruled against the EFCC’s legal status or its activities. In contrast, Falana emphasized that the Supreme Court has consistently upheld the EFCC’s role in combating corruption.
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Falana cited the 2022 case of *Attorney-General of Ondo State v. Attorney-General of the Federation*, where the Supreme Court validated the constitutionality of the Independent Corrupt Practices and Other Offences Commission (ICPC), which shares similar legal foundations with the EFCC. The Court had affirmed that the National Assembly had the sole power to establish and regulate anti-corruption bodies, in line with the provisions of Section 15(5) of the 1999 Constitution.
Addressing Agbakoba’s concerns about federalism, Falana stated that the Constitution allows for the establishment of national institutions like the EFCC and ICPC to tackle corruption, which is a national priority. He pointed out that the Constitution does not distinguish between federal and state agencies when it comes to the duty of combatting corruption.
Falana further referenced a recent Supreme Court ruling in *Attorney-General of Abia State v. Attorney-General of the Federation* (2024), where the Court clarified the EFCC’s role in prosecuting financial crimes, reinforcing that the EFCC’s actions were within constitutional bounds.
Additionally, Falana criticized certain state governments for undermining anti-corruption efforts by filing legal injunctions and halting investigations and prosecutions against public officials accused of financial crimes. He called on the National Assembly to use the ongoing constitutional review to solidify the legal status of both the EFCC and the ICPC by enshrining them in the Constitution.
In conclusion, Falana urged lawmakers to end the ongoing debates over the EFCC’s legality by ensuring that both agencies are constitutionally protected, thus enabling them to continue their fight against corruption and money laundering in Nigeria.
