Agbakoba writes National Assembly, says EFCC unconstitutional commission

Renowned lawyer, Dr. Olisa Agbakoba, SAN, has raised concerns regarding constitutional issues surrounding Nigeria's law enforcement agencies, particularly the Economic and Financial Crimes Commission (EFCC). 

In two letters addressed to the National Assembly on October 14, 2024, Agbakoba claimed that the EFCC was unlawfully established, asserting that its creation exceeded the powers granted to the National Assembly.

The letters, sent to both the Senate and the House of Representatives, were directed to Senator Barau Jibrin, Deputy Senate President, and Hon. Benjamin Kalu, Deputy Speaker of the House of Representatives, who also chairs the House Committee on Constitution Review.

Senator Jibrin held a similar position in the Senate Committee on Constitution Review.

In his correspondence, Agbakoba emphasized that he believed the EFCC's establishment to be unconstitutional and that its operations had been repeatedly questioned by the Supreme Court. 

He expressed satisfaction that various states were now challenging the legality of the EFCC, which he felt would finally settle the issue of its validity.

The letter to the Senate, titled "Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts," praised the leadership of the Senate Constitution Review Committee.

Agbakoba commended their efforts to advance constitutional reforms aimed at tackling corruption but pointed out that Nigeria's law enforcement agencies lack cohesion in their fight against corruption.

Agbakoba requested that the Senate hold a public hearing to address these constitutional concerns, stating that such a platform would allow stakeholders to engage in meaningful discussions on how to reform the nation’s legal and institutional frameworks. 

He stressed the need for these reforms to align with the government's goal of eradicating corruption, as outlined in Section 13 of the Constitution.

However, Agbakoba urged the National Assembly to prioritize these constitutional issues, with the hope that under the leadership of the Senate Constitution Review Committee, critical reforms could be implemented for the benefit of national development.

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