Former President of the Nigerian Bar Association, Dr Olisa Agbakoba (SAN) says the Economic and Financial Crimes Commission (EFCC) ought not to be in existence.
Agbakoba stated that the police special fraud section should handle the EFCC’s (Economic and Financial Crimes Commission) operations.
The Senior Advocate of Nigeria, who stated this at a conference on Thursday in Lagos, said the anti-graft agency is operating outside the constitutional provisions of its mandate.
Agbakoba asserts that because the EFCC is a National Assembly establishment, it lacks the authority to impede state government operations.
Over the past few weeks, the EFCC and Agbakoba have been at odds over an alleged fraud case involving Ali Bello, who is known as the nephew of Yahaya Bello, the governor of Kogi.
The EFCC arraigned Ali Bello and one Dauda Suleiman on a 10-count charge of alleged misappropriation and money laundering on December 15.
According to the anti-graft agency, the duo, along with one Abdulsalami Hudu, a cashier at the Kogi state house who is now at large, took N10.2 billion from the state’s treasury for personal use.
In response to the incident, Agbakoba stated that the EFCC does not have the constitutional authority to investigate how a state spends its money and that only the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and state legislatures have the authority to investigate state expenditure.
In response to Agbakoba’s remark, the EFCC stated that the SAN is casting doubt on the commission’s commitment to combating corruption.
Speaking on Thursday, Agbakoba said the anti-graft agency is performing the same duties as the police special fraud unit.
Speaking on Thursday, Agbakoba said the anti-graft agency is performing the same duties as the police special fraud unit.
“So, the question would be, if the EFCC is created by the federal government can it then prosecute state offences?” he asked.
“The supreme court, in many of its decisions, has 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 would 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 would 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.”
Speaking further, the lawyer said he has nothing personal against the anti-graft agency and that he is ready to engage Abdulrasheed Bawa, the agency’s chairperson, on the issue.
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