Fatshimetrie, an online magazine specializing in economic and political analysis, recently highlighted the need to reform the roles of the Economic and Financial Crimes Commission (EFCC) and the Economic and Financial Offences Commission (ICPC) in Nigerian law. This critical proposal comes from eminent human rights lawyer and Senior Advocate of Nigeria (SAN), Femi Falana, who wrote a letter to the Speaker of the House of Representatives to this effect.
Falana’s call for urgent legislative reforms is aimed at entrenching the mandates of the EFCC and ICPC in the Nigerian Constitution, thereby ensuring their legitimacy and strengthening their capacity to more effectively combat endemic corruption in the country. This initiative stems from recent legal controversies surrounding the existence of the agencies and the need to avoid legal loopholes that could hamper their crucial mission.
In his letter, titled “Urgent Legislative Attention to Constitutional Reforms on Law Enforcement Agencies and Anti-Corruption Efforts,” Falana argues that consolidating the powers of anti-corruption agencies is essential to forestall attempts by some states and politicians to undermine their authority. He highlights the jurisprudence of the Nigerian Supreme Court that has upheld the legality of the EFCC and the ICPC, stressing the imperative of formally entrenching them in the Constitution to ensure their independence and long-term effectiveness.
In response to arguments questioning the constitutionality of the EFCC advanced by legal scholar Dr. Olisa Agbakoba, Falana highlights several Supreme Court decisions that have upheld the constitutional status of the agencies and their power to investigate and prosecute individuals suspected of economic and financial crimes. He urged the Nigerian Parliament to take advantage of the ongoing constitutional reforms to consolidate the roles of the EFCC and ICPC, establishing them as “common agencies” of the Nigerian people in the fight against corruption.
In conclusion, Falana called on lawmakers to act swiftly to formally enshrine these anti-corruption agencies in the Constitution, thereby ensuring the sustainability of their missions and strengthening Nigeria’s fight against corruption. This, he said, was critical to promoting transparency and accountability in public governance, thereby protecting the interests of the people and consolidating the rule of law in the country.