Agbakoba Approaches Court To Test EFCC’s Powers

Former president of the Nigerian Bar Association (NBA) Dr Olisa Agbakoba (SAN) yesterday said he is going to file an action to seek a court declaration on the exact scope of powers of the Economic and Financial Crimes Commission (EFCC) on states.

Agbakoba stated this while reacting to the EFCC’s comment to his earlier statement that the anti-graft agency often exceeds its powers in the investigation and prosecution of alleged offenders of the country’s criminal laws.

The commission had in a statement signed by its head of media and publicity, Wilson Uwujaren described the comments of the senior lawyer as indecorous and utterly irresponsible.

But in a press statement he issued in Lagos, Agbakoba insisted that it is only a declaration by a judicial authority that is the most valid process to authenticate if he is right or wrong concerning his position that the EFCC often acts contrary to the law.

He stressed that he is not in any way against the EFCC in the fight against corruption as admitted by the EFCC but his concern is the rule of law.

The former NBA president further said, “My concern is that the EFCC, in its undoubted statutory powers to stamp out corruption in Nigeria must strictly conform to the prescriptions of the law. EFCC must not in the fight against corruption undermine the rule of law. So to the courts, I go.

“I am not a court. Neither is the EFCC. I will proceed to the Court for a declaration on the exact scope of powers of the EFCC, especially about states of the Federation.

“The EFCC issued a response stating that I was wrong to take the view that it sometimes acts outside the scope of its powers vested by the EFCC Act.

“The EFCC referred to some cases, but I would say that in a very recent decision, DR. Joseph Nwobike SAN v The Federal Republic of Nigeria FRN SC/CR/161/2020, the Supreme Court drastically limited the scope of powers of the EFCC, as it recognized that the EFCC being very powerful could not be allowed to run amok,” he stated.