Human rights lawyer and former president of the Nigerian Bar Association NBA, Dr Olisa Agbakoba SAN has said that the Economic and Financial Crimes Commission EFCC more often exceeds its powers in the investigation and prosecution of alleged offenders under the criminal laws. He however hinted of plans to approach the courts to seek explanations on the scope of the powers of the anti-graft agency as provided under the enabling EFCC Act.

He cited one of the most recent decisions of the Supreme Court in Dr. Joseph Nwobike SAN v The Federal Republic of Nigeria FRN SC/CR/161/2020, in which the apex 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.

The Senior Advocate disclosed that he recently addressed a media conference to voice his concerns over frequent incidences of the anti-graft agency overreaching its powers in the investigation and prosecution of economic crime suspects, saying that the EFCC in a quick response, faulted his position, a development that has left him with the only option of seeking a declaration of the judicial authorities in the country.

Dr. Olisa Agbakoba SAN

He assured that he is not in anyway against the EFCC in carrying out its lawful activities in its public duty but was worried that the agency was over stepping its powers in doing this and that the only authorities that can make declarations on this is the judicial arm of the government as represented by the courts.

A statement signed personally by the Senior Advocate reads in part: “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.

“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 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.

The details of the proposed court case as to the name and location of the court were still sketchy at the time of filing this report.