Human rights lawyer, Femi Falana, has opposed views expressed by Dr. Olisa Agbakoba regarding the Economic and Financial Crimes Commission’s (EFCC) legal status. Falana addressed his concerns to the President of the Senate and the Speaker of the House of Representatives.
In a letter dated October 17, 2024, Falana disputed Agbakoba’s assertion that the EFCC is an “unlawful organization” due to its alleged unconstitutional establishment. Falana argued that the Supreme Court has consistently supported the EFCC’s efforts in combating corruption.
Falana cited the case of Attorney-General of Ondo State v Attorney-General of the Federation & Ors (2022), where the Supreme Court upheld the constitutional validity of the Independent Corrupt Practices and Other Related Offences Commission Act. He noted that Agbakoba’s position was based on the premise that the EFCC’s establishment violated federalism principles.
Falana also referenced the case of Attorney-General of Abia State v Attorney-General of the Federation (2024), where the Supreme Court held that the EFCC’s power to prosecute financial crimes extends to managing state government accounts.
Falana emphasized that since the EFCC’s establishment, no one has challenged the legality of the EFCC Act in court. He criticized state governments for seeking to frustrate the Federal Government’s anti-graft initiatives instead of supporting agencies like the EFCC.
Falana urged the National Assembly to resolve questions about the EFCC’s legality by entrenching it in the Constitution during the ongoing constitutional review. This, he believes, will strengthen the commission’s ability to combat corruption and money laundering.