Kogi: Agbakoba challenges EFCC powers, approaches court for interpretation

A former President of the Nigerian Bar Association, Dr Olisa Agbakoba, SAN, says he is heading to court for interpretation on how far the Economic and Financial Crimes Commission can go in the performance of it’s duty.

The legal luminary in a statement he personally signed said the EFCC had been breaking the law, especially with the manner it probed matters relating to states of the Federation.

Agbakoba said he would want the court to  declare the exact scope of powers of the commission, especially in relation to states of the Federation,  maintaining that the EFCC should not be allowed to undermine the rule of law in the name of  fighting corruption. 

The statement reads partly, “Concerned that the EFCC often exceeds its powers in the investigation and prosecution of alleged offenders of our criminal laws, I held a media press 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 views 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. 

“I am not in any way against the EFCC on the fight against corruption. As admitted by the EFCC, I have always supported the fight against corruption. 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.”

Recall that while addressing a press conference on “The Rule of Law in Nigeria Today”, in Lagos on Sunday, Agbakoba had faulted the anti-graft agency over its recent actions against the Kogi State Government. 

Agbakoba was of the view that how a state spends its money should not be the business of the anti-graft agency.