Thursday, November 5, 2026

EFCC existing unconstitutionally, says senior advocate Olisa Agbakoba

According to him, since the EFCC is a creation of the National Assembly, it does not have the powers to interfere with the activities of state governments.

• January 5, 2023
Olisa Agbakoba and EFCC
Olisa Agbakoba and EFCC

Former president of the Nigerian Bar Association, Dr Olisa Agbakoba (SAN), on Thursday, said that the Economic and Financial Crimes Commission (EFCC) ought not to have been in existence.

He said the commission currently operated outside the Nigerian Constitution.

Mr Agbakoba said this at a news conference in Lagos.

According to him, since the EFCC is a creation of the National Assembly, it does not have the powers to interfere with the activities of state governments.

The senior advocate of Nigeria, insisted that the 1999 Constitution only provided one police force for Nigeria, adding that since the anti-graft agency was not a branch of the police, it could not perform its functions.

He pointed out that the EFCC remained a federal establishment created by the national assembly, adding that under Section 4 of the 1999 Constitution, the powers of government were divided into two: the federal and the state.

“So the question will 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 will 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 will 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,” Mr Agbakoba stated.

The human rights lawyer, however, said that he was not fighting the commission as he was one of the greatest supporters of the rule of law and the fight against corruption, noting that the real issue was about the failure of the security agencies to obey the rule of law.

Mr Agbakoba, however, said as a demonstration of his goodwill toward the anti-graft agency, he was ready to engage the EFCC chairman, Abdulrasheed Bawa, in a dialogue session on the issue.

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.”

Mr Agbakoba recently lambasted the EFCC in December over its recent actions against the Kogi government. 

(NAN)

We have recently deactivated our website's comment provider in favour of other channels of distribution and commentary. We encourage you to join the conversation on our stories via our Facebook, Twitter and other social media pages.

More from Peoples Gazette

Nigerian Bar Association

States

Independence: NBA urges Nigerians to expect better future

The NBA said that ordinary Nigerians should be deriving benefit from the subsidy removal rather than hardship.

farmers

Agriculture

FG tasks ECOWAS on leveraging financing strategies for agroecology

The federal government has urged stakeholders in the agriculture and finance sectors in the West Africa region to leverage financing strategies to enhance agroecology practices

Katsina State

Politics

Katsina youths pledge to deliver over 2 million votes to Atiku

“Katsina State is Atiku’s political base because it is his second home.”

Flamingos

Sport

Coach urges Flamingos to defeat Japan to win first-ever U-17 World Cup trophy

Mr Busari disclosed this on Wednesday, after his team defeated Brazil 3-1, in their first-ever semi-final of the competition.

Preciousgift Ogunsanya

Opinion

Preciousgift Ogunsanya: Personal branding and the future of Africa’s knowledge industry

If Africa is to become a global knowledge hub, we must move from simply telling our stories to systematically building, preserving and exporting the knowledge.

Governor Abba Yusuf

Politics

Kano governor says APC has sellable candidates for 2027 elections

Governor Abba Kabir-Yusuf says the All Progressives Congress has candidates with proven track records for the 2027 elections.

NDLEA

States

How NDLEA foiled robbery attempt on Kaduna-Zaria highway: Official

NDLEA has confirmed how its operatives foiled an armed robbery attempt along the Kaduna-Zaria highway.

Tinubu in APC attire

NationWide

Politician says best of Nigeria ‌ahead with Tinubu’s Renewed Hope Agenda

Ade Omole, an advocate of the Renewed Hope Global, says the best of Nigeria is not behind but ahead with President Bola Tinubu’s Renewed Hope Agenda.

Keisha Bottoms

World

Keisha Lance Bottoms: First Black woman elected governor in Georgia in U.S. history

Ms Bottoms emerged the winner of the Georgia governorship election with a 54.3 per cent vote becoming the first Black woman in U.S. history.