A former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba (SAN), has said he will be proceeding to court to seek a declaration on the exact scope of powers of the Economic and Financial Crimes Commission (EFCC). He said that the anti-graft agency often acts contrary to the law setting it up and needs to get further proofs from the court.

Agbakoba said this on Tuesday in a press statement titled: “The scope of powers of EFCC will be tested by the courts,” by his Media Assistant, Mr Niyi Odunmorayo. This was in reaction to EFCC’s response to claims made by the former NBA president that the anti-graft agency had often exceeded its powers in the investigation and prosecution of alleged offenders of the country’s criminal laws.

It would be recalled that Agbakoba had addressed a press conference on Saturday in his Ikoyi office, where he gave this position, stating that the EFCC, often but not all the time, exceeded its powers in what it considered to be its public duty, in the war against corruption in Nigeria.

“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.

“The EFCC referred to some cases, but I would say that in a very recent decision, DR. Joseph Nwobike SAN v The Federal Republic of Nigeria FRN SC/CR/161/2020, the Supreme Court drastically limited the scope of powers of the EFCC, as it recognized that the EFCC being very powerful could not be allowed to run amok.

“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,” Agbakoba stated.

The former NBA president, while noting that he was not in any way against the EFCC in the fight against corruption but always in support of the fight against corruption as admitted by the commission, said his concern was that the anti-graft, “in its undoubted statutory powers to stamp out corruption in Nigeria must strictly conform to the prescriptions of the law.”

According to him, the EFCC must not in the fight against corruption undermine the rule of law, declaring: “So to the courts, I go,” he added.

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