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Falana Disagrees with Agbakoba on EFCC’s Legal Status



Human rights lawyer Femi Falana (SAN) has written to the Senate President, Godswill Akpabio, and the Speaker of the House of Representatives, Tajudeen Abbas, to oppose the view of former Nigerian Bar Association president, Dr. Olisa Agbakoba (SAN), on the legal status of the Economic and Financial Crimes Commission (EFCC).


In a letter dated October 17, 2024, Falana disagreed with Agbakoba’s claim that the EFCC is an "unlawful organization." Agbakoba had argued that the EFCC’s establishment exceeded the powers of the National Assembly and suggested that it was unconstitutional.


Falana responded that Agbakoba did not provide any legal case to support his claim. Instead, he emphasized that the Supreme Court has consistently supported the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) in their fight against corruption.


Falana also pointed out that the Supreme Court, in previous rulings, had upheld the constitutional powers of the EFCC, rejecting challenges to its legality. He further criticized some state governments for attempting to undermine the Federal Government’s anti-corruption efforts by obstructing investigations and prosecutions.


In his letter, Falana urged the National Assembly to use the ongoing constitutional review to firmly establish both the EFCC and ICPC in the Constitution, which would strengthen their ability to fight corruption in Nigeria.

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