society
Falana Faults Agbakoba on EFCC’s Legal Status
Falana Faults Agbakoba on EFCC’s Legal Status
Foremost rights activist and lawyer, Mr. Femi Falana (SAN) has written to the President of the Senate, Senator Godswill Akpabio and Speaker of the House of Representatives, Rt. Hon. Tajudeen Abbas in opposition to the view canvassed by ex-President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN) on the legal status of the Economic and Financial Crimes Commission (EFCC).
In a letter dated 17th October, 2024, Falana said, “Our attention has been drawn to the separate letters addressed to the Senate and House of Representatives, dated October 14, 2024, entitled: “Re: Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-corruption Efforts”, (in which) Dr. Olisa Agbakoba contended that the power under which EFCC was established was beyond the powers of the National Assembly.
“Convinced that the Economic and Financial Crimes Commission (EFCC) is “an unlawful organisation” because it was “unconstitutionally established”, Agbakoba stated he was delighted to note that many states had finally taken it upon themselves to challenge the constitutionality of the EFCC.”
Falana noted that Agbakoba did not cite any case to back up his claim that the Supreme Court has vilified the EFCC with respect to its activities and existence.
“Even though, he did not refer to any particular case, Dr. Agbakoba said that the Supreme Court has knocked the EFCC on many occasions. On the contrary, the Supreme Court has consistently supported the efforts of the ICPC and EFCC in fighting the miasma of monumental corruption in the country,” he said.
The legal luminary said Agbakoba’s position is premised on the fact that the establishment of EFCC violated the basic tenets of federalism.
He stated further that, “It is pertinent to recall that in the celebrated case of the Attorney-General of Ondo State v Attorney-General of the Federation & Ors (2022) 27 WRN 1, the Plaintiff (Ondo State Government) had challenged the constitutional validity of the establishment of the Independent Corrupt Practices and Other Offences Commission Act, 2000. The Attorney-General of Ondo State was the Plaintiff while the Attorney-General of the Federation and the Attorneys-General of 35 States were the Defendants.
“In that case, the late Professor Ben Nwabueze and Dr. Agbakoba were the amici curiae while I was privileged to have represented one of the Defendants. It ison record that several Defendants and the amici curiae had argued profusely that the ICPC Act was unconstitutional in every material particular.Both amici curiae urged the Court to annul the ICPC Act.
“Upon a critical analysis of the submissions of all counsel, including the amici curiae, the apex court upheld the constitutional validity of the ICPC Act. In the leading judgment of the Court delivered by Uwais CJN (as he then was) it was held that the National Assembly has the sole power for the establishment and regulation of authorities for the federation or any part thereof so as to promote and enforce the observance of the nation’s responsibility to abolish all corrupt practices and abuse of power which fall under the Fundamental Objectives and Directive Principles of State Policy in section 15(5) of the 1999 CFRN.
“If this is a breach of the principles of federalism, then, I am afraid, it is the Constitution that makes provisions that have facilitated breach of the principles.As far as the aberration is supported by the provisions of the Constitution, I think it cannot rightly be argued that an illegality has occurred by the failure of the Constitution to adhere to the cardinal principles which are at best ideals to follow or guidance for an ideal situation…the provisions of Section 13 thereof apply to all organs of government and all authorities and persons exercising legislative, executive or judicial powers’. The provisions do not distinguish between Federal, State or Local Governments.Again the provisions of Section 14 subsection (4) specifically apply to the government or council, and the conduct of the affairsof the government or council or such agencies.” See Olafisoye v. FRN (2004) 4 NWLR (Pt. 864) 580.
“Even though we cannot comment on the merit of the case of Attorney-pending at the Supreme Court of Nigeria, it is pertinent to refer the members of
the National Assembly to the case of Attorney-General of Abia State v Attorney-General of Federation (2024) LPELR-62576 (SC).
“In that case, the Plaintiff had argued that the power of the EFCC to prosecute financial crimes did not extend to the management of the accounts of Abia State Government. The plaintiff then sought “declarations, including a perpetual injunction, to prevent the EFCC from taking any such actions, including the freezing of its bank accounts.
“The defendant (AGF) filed a preliminary objection to the effect that it had been incorrectly sued, because the EFCC was an independent body outside its lawful management and control.
In upholding the preliminary objection of the Defendants, the Supreme Court held that the facts of the case did not disclose any dispute between the plaintiff and the defendants within the meaning of section 232(1) of the Constitution and that there was no complaint against the first defendant (AGF) as representing the Federal Government as all the complaints were against the EFCC.
Consequently,the Supreme Court struck out the case but held that the plaintiff is at liberty to sue the EFCC, but not in the Supreme Court as the EFCC is neither a State nor the Federation. We wish to state without any fear of contradiction, that no State Government has followed the advice of the apex court by filing a suit to challenge the constitutionality of the EFCC Act in a court of competent jurisdiction.
“However, a number of former governors have continued to question the locus standi of the EFCC to arrest, investigate and prosecute them for the criminal diversion of public funds belonging to state governments. For instance, in the case of Nyame vs Federal Republic of Nigeria (2010) 3 SC (Pt.1) 78, the Supreme Court held inter alia: ‘Sections 6(m) and 46 of the Economic and Financial Crimes Commission (Establishment) Act vest in EFCC the function and duty of investigating and prosecuting persons reasonably a person to rush to court to place a clog or shield against criminal investigation and prosecution’.”
Falana further contended that
“in view of the duty imposed on the State by Section 15(5) of the Constitution to ‘abolish all corrupt practices and abuse of power’, the Supreme Court in the case of Shema vs. Federal Republic of Nigeria (2018) 9 NWLR (PT.
1624)337@ 398 held that ‘in the co-operative federalism practiced in Nigeria,the EFCC is a common agency empowered to investigate and prosecute offenders for both the Federal and state economic and financial crimes and as such it qualifies as ‘any other authority or person’ empowered by section 211 (1) (b) of the Constitution to institute or initiate criminal proceedings. EFCC is the coordinating agency for the enforcement of the provisions of any other law or regulation on economic and financial crimes, including the Criminal Code and Penal Code. The Commission has powers under section 13 (2) of the EFCC Act to prosecute offences so long as they are financial crimes’.”
Falana berated some state governments for seeking to frustrate the anti-graft initiatives of the Federal Government instead of supporting the agencies to thrive.
“Instead of ensuring that the EFCC, ICPC and Code of Conduct Bureau serve as ‘common agencies’ of the people of Nigeria in combating the miasma of monumental corruption in the country, some state governments have a penchant for terminating grave economic and financial crimes by filing nolle prosequi applications. Others usually rush to either State High Court or Federal High Court to procure frivolous court injunctions to frustrate the prosecution of serving public officers and thereby making a mockery of public accountability and transparency in government,” he said.
The rights activist urged the National Assembly to seize the opportunity provided by the ongoing Constitution Amendment to end the questions about the legality of EFCC and Independent Corrupt Practices and Other Offences Commission (ICPC) by entrenching both in the Constitution.
“In the light of the foregoing, we urge the members of the National Assembly to take advantage of the ongoing constitutional review to end the diversionary debate about the validity of the EFCC Act and ICPC Act by entrenching both Economic and Financial Crimes Commission and the Independent Corrupt Practices and Other Offences Commission in the Constitution. In other words, if both commissions are constitutionalised, they will be protected and strengthened to fight the menace of corruption and money laundering,” Falana said.
society
REJOINDER: SECURITY AGENCIES ARE NOT TOOLS OF INTIMIDATION BUT INSTITUTIONS OF JUSTICE
REJOINDER: SECURITY AGENCIES ARE NOT TOOLS OF INTIMIDATION BUT INSTITUTIONS OF JUSTICE.
The recent publication titled “Enugu Nursing College Faces Backlash for Using DSS, Police to Intimidate Student Nurse for Exposing Oppression” is a clear attempt to sensationalize a matter that is already before lawful authorities and to deliberately further tarnish the image of Ezzy International College of Nursing Sciences through emotional propaganda, half-truths, and social media trial.
For the avoidance of
doubt, the Department of State Services (DSS), the Nigeria Police Force, and other security agencies are constitutional institutions established by law to investigate complaints, establish facts, preserve public order, and ensure justice. Their involvement in any matter does not amount to intimidation. Rather, it reflects the lawful pathway for resolving allegations, especially where there are claims of cyber-bullying, defamation, unauthorized recordings, false publications, and dissemination of misleading information capable of damaging institutional reputation and public confidence.
It is therefore surprising that intellectually poor bloggers and such individuals who continuously make public allegations on social media suddenly describe lawful invitations by security agencies as “oppression.” One cannot publish accusations, circulate inflammatory contents online, mobilize public outrage, and then reject legal scrutiny when called upon to substantiate those claims before competent authorities.
Mr. Francis Nwapa and those behind these coordinated media attacks should understand that social media is not a courtroom, and activism requires truths and fairness that must not place anyone above the law. If allegations have been made publicly against Ezzy International College of Nursing Sciences and its leadership, then the proper and civilized response is to appear before the relevant authorities and provide evidence to substantiate such claims instead of resorting to media blackmail and emotional manipulation.
The attempt to portray every lawful investigation as victimisation is both irresponsible and dangerous. Security agencies are not established to entertain sentiments or online noise; they are empowered to determine truth from falsehood through a due process.
Or could it be that Mr.Francis Nwapa and his cohorts assume themselves untouchable and above the law, even when they churn out lies and deceits against legally established institutions on social media? If Nwapa claims to be the coordinator of Youth Rights Campaign (YRC), legal or illegitimate as it seems, should be able to know the duties of the DSS and the Police and accord them same respect. The group should know the law and its process. The group should have a learned legal profiled counsel to respond or educate their ignorance of the law. Needless to say that Mr. Francis Nwapa’s strategy of Cyber-bullying is a game the DSS and the police are so familiar with and cannot be cowed thereof.
The insinuation Mr. Nwapa made about transferring the case to Lagos for his convenience is baseless. He should have defined his jurisdiction before he went uncontrolled on social media space to write what he didnt understand. He should have asked questions on the location of the crime alleged. But, No. He went viral to disburse unfounded information which he claimed happened at a location he never knew. Now, he is being invited to Enugu where the alleged crime was committed, instead of yielding to the state of law, Francis is calling for public sympathy. He insinuates in the writing that investigation procedure be shifted to Lagos to accommodate his reporting ineptitude, rather than at Enugu where the petition and incidents took place. What a myopic view of the procedure! It is pertinent to note that the law does not recognize convenience.
Therefore, if invitations were extended by the DSS or Police, it is only proper for those involved to honour such invitations and clarify the numerous statements and allegations which they already circulated online.
Furthermore, it is important to remind the public that institutions have rules, ethical codes, and disciplinary procedures designed to protect professionalism, patient confidentiality, institutional integrity, and public trust. Unauthorized recording of patients, hospital environments, administrators, or internal communications and broadcasting them online without clearance may raise serious ethical and legal concerns, especially in professional healthcare training institutions.
It is also intellectually dishonest for certain groups to weaponize the current security challenges in Nigeria as an excuse to discredit lawful investigations.
The DSS and Police are capable of handling multiple responsibilities simultaneously, including investigating complaints relating to cyber harassment, defamation, false information, and conduct capable of inciting unrest. Mr. Francis, writing on his blog “Francis Nwapa Watch” on 15th of April called for proper investigation into the matter. The security agents yielded to that call and lunched investigations to establish the truth. Why is Mr. Nwapa afraid to dance the music he started beating its drums? Journalism is an age long profession practiced by men of seasoned value, honesty and integrity to uphold public truths. It is unfortune that Mr. Francis whose only known job is pest control and fumigation dabbled into a noble profession as journalism, untrained and unequipped to investigate truth before misinforming the public. More disheartening is that Francis might not know the huge negative impact he would be making to institutions and the public just because he afforded a cheap phone and data to post unverified information on blogs.
Dr. Gloria C. Bertram-Okoli and the management of Ezzy International College of Nursing Sciences have consistently demonstrated commitment to healthcare education, discipline, and institutional excellence. The college cannot and will not surrender its integrity to orchestrated campaigns of calumny or mob pressure driven by social media theatrics.
The public is therefore urged to disregard attempts to distort facts and to allow lawful authorities to carry out their constitutional duties without intimidation from activist groups seeking publicity. Justice is not established on Facebook posts, WhatsApp broadcasts, or media headlines, but through lawful investigation and evidence.
Meanwhile it is also contempt of the legal process as Mr. Nwapa continues to bully online and misinform the public about a matter which is already under investigation. The police had advised that all parties be invited to respond to questions.
The matter is being followed legally. Mr. Francis will do well to submit to legal procedure.
Those who have made allegations should courageously present their evidence before the appropriate authorities instead of portraying legitimate legal procedures as persecution. Truth does not fear investigation.
—Opinion—
society
ONDO EAST-WEST FEDERAL CONSTITUENCY APC ADOPTS OTUNBA BOLA FISAYO
ONDO EAST-WEST FEDERAL CONSTITUENCY APC ADOPTS OTUNBA BOLA FISAYO
Ahead of APC House of Representatives Election scheduled for Saturday 16th of May 2026, Ondo EAST-WEST Federal Constituency stakeholders have adopted Otunba Bola Olawafisayo as its flagbearer.
Rising from the stakeholders’ meeting held at Harmony Estate in Ondo city, a source close to Otunba Bola Olawafisayo disclosed that arrangements have been perfect and party members will formally adopt Otunba Bola Olawafisayo on Saturday the very day slated very for the primary.
society
Excitement as Zamfara Under Governor Lawal Begins Airlift of Pilgrims at Zamfara Airport
Excitement as Zamfara Under Governor Lawal Begins Airlift of Pilgrims at Zamfara Airport
There is palpable excitement in Zamfara State as the administration of Governor Dauda Lawal officially commenced the 2026 Hajj airlift for pilgrims from the Gusau Airport (GIA). In a historic move aimed at easing the pilgrimage process, the state government announced that the first batch of pilgrims who departed for the Holy Land today, Friday, 15th May 2026.
This milestone marks the fulfillment of Governor Lawal’s promise to make direct departures from Zamfara a reality, eliminating the need for pilgrims to travel to other states for airlift. However, the state government has issued a strict advisory to the public regarding conduct at the airport. To ensure security and facilitate the smooth coordination of the airlift operations, escorting pilgrims to the airport is strictly prohibited.
Family members and friends wishing to bid farewell to their loved ones are directed to do so only at the Hajj Camp. The restriction, according to officials, is a necessary measure to prevent congestion and maintain order at the airport premises. Officials confirm that the airlift is now underway at Gusau International Airport. The development has been met with widespread praise from intending pilgrims, who expressed relief at being able to begin their spiritual journey directly from their home state.
The Zamfara State Government extended its sincere gratitude to Governor Lawal for his commitment, emphasizing that the direct airlift reflects a new chapter of convenience and efficiency for the state’s annual Hajj operations.
-
news5 months agoWHO REALLY OWNS MONIEPOINT? The $290 Million Deal That Sold Nigeria’s Top Fintech to Foreign Interests
-
society2 weeks agoSOCIAL MEDIA IS NOT A BATTLEFIELD COMMAND – WHY THE NIGERIAN ARMY’S ACTION AGAINST JUSTICE CRACK IS A NATIONAL SECURITY IMPERATIVE
-
celebrity radar - gossips4 months agoDr. Chris Okafor Returns with Power and Fire of the Spirit -Mounts Grace Nation Altar with Fresh Anointing and Restoration Grace on February 1, 2026
-
celebrity radar - gossips5 months agoProphet Kingsley Aitafo Releases 2026 Prophecy: ‘Nigeria Will Rise, but the World Must Prepare for Turbulence’





