Human rights lawyer, Mr. Femi Falana (SAN), has both the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC), which were legitimately established and have come to stay.
Mr. Falana, who was a guest on national television on Sunday, contended that rather than challenging the legality of EFCC, what should be demanded are measures to ensure that the body is not under the government’s control.
Falana further argued that both anti-graft agencies were established in pursuance of the duty imposed on the Nigerian state under Section 15, Sub-Section 5 of the Constitution.
His statement was a direct response to former President of the Nigerian Bar Association (NBA), Dr. Olisa Agbakoba (SAN), concerns, as he had repeatedly described the EFCC as an unlawful organization.
Agbakoba had in letters to the National Assembly said the powers under which EFCC was established go beyond the powers of the National Assembly.
However, Falana said: “For me, the ICPC and the EFCC, like the Code of Conduct Tribunal (CCT), have come to stay. What we should be demanding are measures to make these institutions autonomous, not under the control of any government.
“And the Supreme Court has maintained, rather repeatedly concerning the EFCC and ICPC, that these are crime fighting bodies and should not be under the control of the federal government.
“They are agencies to fight economic crimes in our country, to fight financial crimes in our country, to fight corruption in our country”, he added.
For Falana, state governments are not prohibited from setting up their own anti-graft agencies, as both the Kano state government and the Oyo state government have done so.
His words “The state governments are also required to set up their own anti-corruption agencies if they so desire. These bodies are to work with the EFCC and the ICPC so that the monster-corruption and other economic crimes in our country can be frontally attacked.
“This battle is ideological; they are talking of the president, governors, senators, and the rest of them, but nobody is talking of the poor. Today in Lagos, 22 young people were arrested for trying to lay a wreath in memory of those who were killed in Lagos State during the EndSARS protest.
“On Tuesday, about 76 Nigerians are going to be charged with treasonable felony for protesting against worsening economic conditions in the country. But it’s only when it concerns the rich that people see the laws meant to fight corruption illegal.
“But I am saying that the Supreme Court has made the point, not just in one case but in several cases, that EFCC and ICPC were properly created.
“We are talking of a bill sponsored by the executive, passed properly by the National Assembly. Nobody has said the required majority did not pass either the ICPC Bill into law or the EFCC Bill into law,” he further stressed.
