Dr. Olisa Agbakoba (SAN), a former president of the Nigerian Bar Association, asserted that the Economic and Financial Crimes Commission shouldn’t have been and that it now acts in violation of the Constitution.
Agbakoba contends that because the EFCC is a National Assembly establishment, it lacks the authority to impede state government operations.
The Senior Advocate of Nigeria, who made the appeal during a news conference held in Lagos, claimed that there is only one Police Force for Nigeria under the 1999 Constitution, and that the Anti-Graft agency could not carry out its duties since it was not a division of the Police.
He pointed out that the EFCC was a federal establishment created by the National Assembly, adding that under Section 4 of the 1999 Constitution, the powers of government are divided into two: the Federal and the state.
“So the question would be, if the EFCC is created by the Federal Government can it then prosecute state offences?
“The Supreme Court in many of its decisions have held that federalism means two autonomous and independent governments and if that is correct, the EFCC does not have the right to go to the state and examine their accounts.
“Anybody can read section 46 of the EFCC Act and Section 36(12) of the 1999 Constitution. Section 36(12) states that all offences must be defined and when you now read Section 46, you ask yourself if it complies with Section 36(12) because it does not.
“So part of the prayers I would seek in court is that EFCC ought not to exist in the first place because it is not a branch of the police and that the job done by the EFCC is the same one being done by the Police Special Fraud Unit.
“My other prayer would be whether the National Assembly can make laws for the federation and to what extent can the National Assembly which is an arm of the Federal Government make laws authorising a federal agency to exercise powers as if it were a state agency.
“So all these contradictions should make the presidential candidates tell Nigerians what they are going to do about the Constitution because it is defective,” Agbakoba stated.
Though he was one of the strongest advocates for the rule of law and the battle against corruption, the human rights lawyer insisted that he was not opposing the Commission, pointing out that the true problem was the security forces’ disregard for the law.
Agbakoba, however, said that he was willing to have a conversation with EFCC Chairman Abdulrasheed Bawa about the matter as a sign of his goodwill toward the anti-graft organization.
The former NBA President said, “I do not believe that the EFCC understands the law that set them up because as a lawyer myself, I was a bit confused, as I discovered that the 1999 Constitution is structurally defective.
“I now understand why some people are saying that the country must be restructured. Whoever wrote this Constitution designed it for Nigeria to fail because, on the one hand, it seems to authorise the EFCC to interfere in state’s affairs while on the other hand, it does not.”
Agbakoba had lambasted the EFCC last December over its recent actions against the Kogi State Government.
