Agbakoba: EFCC act must be reviewed — mistakes were made in legislation

• According to him, the EFCC has not been effective in addressing the country’s huge fraud and corruption problems.

Olisa Agbakoba, former Nigerian Bar Association president, advocated for reviewing the Economic and Financial Crimes Commission Act.

In two separate letters to the Senate and House of Representatives dated October 14, Agbakoba asserts the EFCC was “unconstitutionally” established, citing concerns about law enforcement agencies hindering corruption elimination efforts as outlined in the 1999 Constitution’s Section 13.

The Supreme Court will hear a suit filed by 16 states’ attorneys-general on October 22, challenging the National Assembly’s constitutional powers to establish the EFCC and NFIU.

Established in 2003 under Olusegun Obasanjo’s administration, the EFCC’s legitimacy is questioned.

Speaking on Arise TV’s ‘Morning Show’, Agbakoba claimed legislative errors occurred in creating the anti-graft agency.

“The EFCC Act is the fastest legislation ever passed in Nigeria, in two days. I suspect very strongly that in the course of passing this legislation so fast, a lot of mistakes were made.”

Agbakoba noted the National Assembly exceeded its authority under Section 4 of the constitution. “It exceeded its authorities in several ways. Anyone who reads the Act will think that the EFCC is the Nigerian Police Force because that’s what it does.”

Agbakoba asks, “Could we have two police forces when the EFCC describes itself in the Act as a police force? But we know that there’s only one police force in Nigeria, and that is the Nigerian Police Force.”

He urges the National Assembly to review the EFCC’s validity. “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.”

Agbakoba criticizes the EFCC’s handling of corruption, citing widespread corruption. “The EFCC has not been effective— if we put aside the constitution and look at what the EFCC has done, I’m not going to give them any damn pass marks.”

He adds, “These guys are terrorists, in my view, they terrorise us, they use their might in their red coat to terrorise us. Once you say EFCC, you’re scared, that is not what a law enforcement agency should be.”

Agbakoba requests the National Assembly clarify the EFCC’s role to resolve legitimacy issues, emphasizing the need to test institutions and legislative/executive actions’ validity.