A lawyer and former member of the House of Representatives, Kayode Oladele, has faulted the position of the former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba (SAN), on the legal status of the Economic and Financial Crimes Commission (EFCC), describing it as “legal sophistry.“
Oladele’s response was a rejoinder to an interview granted by Agbakoba wherein he said the EFCC lacked the powers to interfere in state affairs and a fresh letter written by Agbakoba to the Joint National Assembly Constitution Review Committee.
The renewed onslaught against the EFCC is not unconnected with its bold and reinvigorated move, especially in the last year, to investigate and prosecute some highly placed politically exposed persons like the former Governor of Kogi State, Yahaya Bello, and others.
Kogi State actually initiated a pending challenge to the Constitution of the EFCC at the Supreme Court before being joined by about 15 other states.
Oladele maintained that “it is pertinent to state that the EFCC is a Nigerian law enforcement agency established to investigate and prosecute economic and financial crimes, such as advance fee fraud, money laundering, and misapplication and misappropriation of public funds.
“With due respect, Mr. Agbakoba SAN’s position is more of legal sophistry than legal substance. His position does not represent the correct position of the law as it runs contrary to the long-settled position of the law as handed down by the superior courts of law, including the Apex Court in Nigeria.
“It is settled law that Nigeria operates a co-operative federalism as opposed to dualist federalism and under co-operative federalism as practiced in Nigeria, some agencies are common agencies for both the federal and state governments,” he said.
Oladele posited further that the view expressed by Agbakoba does not have any legal backing “and therefore unsupportable in law and practice.”
He went on further to state that, “Indeed, the EFCC is a common agency for both the Federal and State Economic and Financial Crimes, and as such, it qualifies as ‘any other authority’ to institute criminal proceedings under sections 174(1)(b) and 211(1)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended).
“Again, these statutory provisions have been given judicial considerations by the Supreme Court and the Court of Appeal, in line with my position and contrary to Mr. Agbakoba’s views or submissions on this issue.
“EFCC is expressly conferred with powers under sections 6(m), 9(2), and 13(2) of the EFCC (Est.) Act to initiate criminal proceedings in any court in Nigeria for any offence bordering on economic and financial crimes, even under the Penal Code. The EFCC cannot, therefore, be faulted for initiating the instant charge in the name of the “Federal Republic of Nigeria.”. This is because the Federal Government of Nigeria is not synonymous with the Federation of Nigeria, or the Federal Republic of Nigeria,” he said.
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