[By Abigail Philip David]
Prominent human rights lawyer Femi Falana (SAN) has written to Senate President Godswill Akpabio and Speaker of the House of Representatives Tajudeen Abbas, disputing a claim made by former Nigerian Bar Association President Dr. Olisa Agbakoba (SAN) regarding the legality of the Economic and Financial Crimes Commission (EFCC). In his letter dated October 17, 2024, Falana rejected Agbakoba’s assertion that the EFCC is an “unlawful organisation.”
Falana’s letter responded to Agbakoba’s earlier communication to the National Assembly, where Agbakoba argued that the National Assembly had overstepped its authority in establishing the EFCC, thereby rendering it unconstitutional. Agbakoba claimed that the EFCC’s existence violated the principles of federalism and that several states were challenging its constitutionality.
In his rebuttal, Falana pointed out that Agbakoba did not provide any legal precedent to support his claim that the Supreme Court had condemned the EFCC. On the contrary, Falana argued that the Supreme Court had consistently upheld the role of the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) in combating corruption in Nigeria.
Falana referred to the 2022 case of *Attorney-General of Ondo State v Attorney-General of the Federation*, where the Supreme Court ruled that the National Assembly had the power to establish anti-corruption agencies like the ICPC and EFCC, under Section 15(5) of the 1999 Constitution. He stressed that while federalism is a guiding principle, it cannot override constitutional provisions.
Falana also cited the 2024 Supreme Court case of *Attorney-General of Abia State v Attorney-General of the Federation*, where the court dismissed a challenge to the EFCC’s authority over state finances, affirming the commission’s jurisdiction.
The senior advocate emphasized that, since its establishment, no state has successfully challenged the legality of the EFCC Act. He further highlighted rulings such as *Nyame v. FRN* and *Shema v. FRN*, where the Supreme Court reinforced the EFCC’s authority to investigate and prosecute financial crimes at both federal and state levels.
Falana criticized state governments that obstruct anti-corruption efforts, urging the National Assembly to amend the Constitution and entrench both the EFCC and ICPC within its provisions. He argued that doing so would resolve ongoing debates about the commissions’ legal standing and strengthen Nigeria’s fight against corruption.
Falana concluded by calling on lawmakers to use the current constitutional review to cement the status of the EFCC and ICPC, ensuring they remain key instruments in the battle against corruption and financial crimes.
