Nigerian human rights lawyer Femi Falana, SAN
Amid growing debates over the relevance of the Economic and Financial Crimes Commission (EFCC), prominent human rights lawyer, Femi Falana, has asserted that both the EFCC and the Independent Corrupt Practices Commission (ICPC) are essential institutions that will endure. Speaking during an appearance on Channels Television’s Sunday Politics, Falana argued that instead of questioning the legality of these anti-graft bodies, the focus should be on ensuring their independence from government control.
“The ICPC and EFCC, like the Code of Conduct Tribunal, are here to stay,” Falana declared. “What we need to advocate for are measures that grant these agencies autonomy, preventing them from falling under the influence of any government administration.”
Falana further emphasized the Supreme Court’s stance, noting that the court has consistently ruled that the EFCC and ICPC should operate as independent entities, detached from federal oversight. According to him, both institutions were established in accordance with Section 15(5) of the Nigerian Constitution, which mandates the state to combat corruption and financial crimes.
Governors Challenge EFCC’s Legality
Falana’s comments come in the wake of a legal battle initiated by 16 state governors, challenging the constitutionality of the EFCC. On October 22, the Supreme Court will hear the suit, which was originally filed by the Kogi State Government but has since garnered support from states like Ondo, Edo, Oyo, and others.
The governors argue that the EFCC’s establishment contradicts the Constitution, and any law inconsistent with the Constitution should be deemed invalid. Legal heavyweights like Olisa Agbakoba have also joined the debate. In separate letters addressed to the Senate and House of Representatives, Agbakoba described the EFCC as an “unlawful organization,” claiming that the powers under which it was created exceed the authority of the National Assembly.
“I believe the EFCC is unconstitutionally established,” Agbakoba wrote. “The ongoing legal challenges will finally address the validity of the EFCC.”
The case is expected to set a significant precedent regarding the future of anti-corruption efforts in Nigeria.
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