In response to increasing demands to dismantle the Economic and Financial Crimes Commission (EFCC), prominent human rights lawyer Femi Falana has argued that the anti-corruption agency, along with similar institutions, is vital for Nigeria and should remain operational. In an interview on Channels Television’s Sunday Politics, Falana emphasized the importance of safeguarding these institutions from government control rather than questioning their legality.
“For me, the ICPC and the EFCC, like the Code of Conduct Tribunal, have come to stay,” Falana stated. “What we should be demanding are measures to make these institutions autonomous, not under the control of any government.” He highlighted that the Supreme Court has consistently upheld the legality of the EFCC, insisting that it should function independently as a means to combat economic and financial crimes in Nigeria.
Falana, a Senior Advocate of Nigeria, reiterated that both the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) were established in accordance with Section 15, Sub-Section 5 of the Nigerian Constitution, which mandates the state to combat corruption.
This defense of the EFCC comes as sixteen state governors have filed a lawsuit challenging the constitutionality of the agency’s establishment. The Supreme Court has scheduled the hearing for October 22, 2024. Initially filed by Kogi State, the suit has garnered support from other states, including Ondo, Edo, Oyo, and Ogun, all asserting that any law inconsistent with the Constitution is null and void.
Additionally, renowned lawyer Olisa Agbakoba has expressed criticism of the EFCC in two separate letters addressed to the Senate and the House of Representatives, labeling it as an “unlawful organization” established beyond the powers of the National Assembly. Agbakoba welcomed the governors’ challenge to the EFCC’s constitutionality, believing it will address long-standing concerns regarding the agency’s legal status.