Former Nigerian Bar Association (NBA) President, Olisa Agbakoba, has sharply criticized the Economic and Financial Crimes Commission (EFCC), calling it a “terrorist agency” that should not exist.
In a recent interview on ARISE NEWS, the respected human rights lawyer questioned the constitutional basis of the EFCC’s existence, urging the National Assembly to review whether it was legally established.
Agbakoba, a Senior Advocate of Nigeria, argued that the EFCC was created in a rushed manner, conflicting with Nigeria’s grundnorm—the Constitution. He had previously written to the National Assembly, asserting that the anti-graft agency was unlawfully established. “You created this institution, so maybe it’s time you reviewed whether what you created is valid,” he stated, challenging the agency’s legitimacy.
Agbakoba pointed out a paradox within Nigeria’s legal framework: although corruption is a significant issue, it is listed under Chapter 2 of the Constitution, which is non-justiciable. “If corruption is such a priority, why is it non-justiciable?” he questioned.
While the Supreme Court has ruled in the past that the EFCC could act in specific cases, Agbakoba noted that the agency has increasingly overstepped its boundaries. He referenced a recent Supreme Court case where the EFCC was chastised for acting irresponsibly and going beyond its jurisdiction. “They’ve become the police, the SFU, the MFU—they’ve taken on roles they’re not supposed to,” he argued.
Agbakoba also criticized the National Assembly for overreaching its legislative powers, particularly in the rapid passage of the EFCC Act, which he claimed was completed in just two days. He argued that this hasty process led to errors, including an unconstitutional overextension of the National Assembly’s powers under Section 4 of the Constitution.
“The EFCC Act makes the agency look like the Nigerian Police Force, but we know there’s only one police force in Nigeria,” he said, pointing out the legal contradictions in the EFCC’s mandate.
Addressing the EFCC’s effectiveness in fighting corruption, Agbakoba was blunt: “The EFCC has not been effective despite the massive fraud and corruption in the country.” He expressed frustration with how the agency operates, saying, “They terrorize us. When you hear ‘EFCC,’ you’re scared, and that’s not how a law enforcement agency should function.”
Despite his criticisms, Agbakoba clarified that his issue was not with individual members of the EFCC but with the institution itself. He emphasized the need to test the validity of institutions, stressing that both legislative and executive authorities must be held accountable.
The EFCC was established by the National Assembly in 2002 and later amended in 2004 during the administration of President Olusegun Obasanjo. However, Agbakoba’s remarks have reignited debates about the agency’s constitutional foundation and its role in the fight against corruption in Nigeria.
