Falana urges NASS to constitutionalize EFCC, ICPC in ongoing reforms
In a letter addressed to the Speaker of the House of Representatives, renowned human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, has called for urgent legislative reforms to solidify the roles of the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Offences Commission (ICPC) within the Nigerian Constitution.
The letter, titled “Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-Corruption Efforts,” emphasized the importance of ending legal controversies surrounding the agencies’ existence and empowering them to more effectively combat corruption in the country.
Falana’s appeal comes in response to recent arguments, notably by legal scholar Dr. Olisa Agbakoba, challenging the constitutionality of the EFCC. Agbakoba contends that the National Assembly exceeded its powers in establishing the EFCC, claiming it violates the principles of federalism. However, Falana refuted these claims, citing multiple Supreme Court rulings that have upheld the legality of the EFCC and its mandate to fight economic crimes at both federal and state levels.
Falana referenced the landmark case of Attorney-General of Ondo State v Attorney-General of the Federation in which the Supreme Court validated the ICPC’s establishment, affirming the National Assembly’s power to set up bodies to combat corruption as per Section 15(5) of the 1999 Constitution. He also pointed to the case of Nyame v Federal Republic of Nigeria, where the Court ruled that the EFCC has the constitutional authority to investigate and prosecute individuals suspected of economic and financial crimes.
Falana urged the National Assembly to seize the opportunity of ongoing constitutional reforms to officially enshrine both the EFCC and ICPC into the Constitution, ensuring that their functions are protected from future legal challenges. He expressed concern over attempts by some state governments and officials to undermine these anti-corruption bodies, either by questioning their authority or securing court injunctions to stall investigations and prosecutions.
“In the light of the duty imposed on the State by Section 15(5) of the Constitution to abolish corrupt practices, it is imperative to safeguard the powers of the EFCC and ICPC as ‘common agencies’ of the people of Nigeria in combating corruption and financial crimes,” Falana wrote.
He concluded by urging lawmakers to act swiftly to constitutionalize these anti-corruption bodies, thereby strengthening Nigeria’s fight against corruption and ensuring public accountability and transparency in governance.
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