EFCC Powers: Agbakoba Seeks Court Declaration

By y Steve Aya

Dr Olisa Agbakoba SAN, has expressed his resolve to proceed to court for a clearer declaration and explanation on the exact scope of powers of the Economic and Financial Crimes Commission (EFCC), and to seek a declaration of his position that the anti-graft agency often acts contrary to the Law setting it up.

The Former President of the Nigerian Bar Association (NBA) said this on Tuesday in a press statement titled: “The Scope of Powers of EFCC Will be Tested by the Courts,” by his Media Assistant, Mr Niyi Odunmorayo, a copy of which was made available to newsmen, in reaction to EFCC’s response to claims made by the former NBA President, that the anti-graft agency had often exceeded its powers in the investigation and prosecution of alleged offenders of the country’s criminal laws.

It would be recalled that Agbakoba had addressed a press conference on  last Saturday at his Ikoyi office, where he gave this position, stating that the EFCC, often, but not all the time, exceeded its powers, in what it considered to be its public duty in the war against corruption in Nigeria.

“Concerned that the EFCC often exceeds its powers in the investigation and prosecution of alleged offenders of our criminal laws, I held a media conference to express my concerns, which I do occasionally on several national issues.  I stated that I felt that the EFCC, often, but not all the time, I must concede, exceeded its powers, in what it considers to be its public duty in the war against corruption in Nigeria.

“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 recognised that the EFCC being very powerful, could not be allowed to run amok.

“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 in relation to States of the Federation. A declaration by a Judicial authority is the most valid process to authenticate if I am right or wrong, with respect to my position that the EFCC often acts contrary to the Law”, Agbakoba stated.

The former NBA President, while noting that he was not in any way against the EFCC in the fight against corruption, but always in support of the fight against corruption as admitted by the Commission, said his concern was that the anti-graft, “in its undoubted statutory powers to stamp out corruption in Nigeria, must strictly conform to the prescriptions of the law”.

According to him, the EFCC must not in the fight against corruption, undermine the rule of law, declaring: “So, to the courts, I go”.