EFCC Legitimacy Under Fire As Falana Advocates for Agency Autonomy

•As Supreme Court Set to Hear Legal Challenge from 16 States

Human rights lawyer Femi Falana (SAN) has defended the continued existence of the Economic and Financial Crimes Commission (EFCC), calling for measures to ensure its autonomy amid ongoing legal challenges to its constitutionality.

Falana’s comments come as the Supreme Court prepares to hear a case initiated by Kogi State, joined by 15 other states, questioning the legality of the EFCC’s establishment.

The case, which will be heard on October 22, contends that the agency’s creation is inconsistent with Nigeria’s Constitution, which they argue is the supreme law of the land.

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Speaking on Channels Television’s Sunday Politics, Falana emphasized, “For me, the ICPC and EFCC, like the Code of Conduct Tribunal, have come to stay. What we should be demanding are measures to make these institutions autonomous, not subject to the control of any government.”

He pointed out that the Supreme Court has consistently affirmed the legitimacy of the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), underscoring their importance in combating corruption and financial crimes in Nigeria.

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Falana noted that both agencies were established to fulfill constitutional obligations under Section 15, Subsection 5, which mandates the eradication of corruption.

The legal challenge has garnered attention, particularly from prominent figures such as former Nigerian Bar Association President Olisa Agbakoba, who argues that the EFCC was established unlawfully, exceeding the National Assembly’s constitutional powers.

“I firmly believe that the EFCC is an unlawful organization,” Agbakoba stated, criticizing its foundation.