Legal basis for the existence and relevance of EFCC: A rejoinder to Olisa Agbakoba, By Kayode Oladele

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I have the privilege of reading the interview granted by Mr Olisa Agbakoba (SAN) on the 5th day of January, 2023 in respect of the relevance of the EFCC in Nigeria. Before I proceed in my response to the view expressed by Mr Agbakoba (SAN), it is pertinent to state that the Economic and Financial […]

day of January, 2023 in respect of the relevance of the EFCC in Nigeria. Before I proceed in my response to the view expressed by Mr Agbakoba , it is pertinent to state that the Economic and Financial Crimes Commission is a Nigerian law enforcement agency established to investigate and prosecute economic and financial crimes, such as advance fee fraud, money laundering and misapplication and misappropriation of public funds, etc.

No doubt that section 211 of the Constitution empowers a State Attorney-General to institute and undertake criminal proceedings in respect of an offence under any law of the House of Assembly. Subsection of the said section stipulates thus:-be exercised by him in person or through officers of his department.”

I endorse the argument of the learned counsel for the respondent and hold that Exhibit “A” is valid. As for the argument that exhibit A specified the delegates and that it did not empower Mr.

To take over and continue any such criminal proceedings that may have been instituted by any other authority or person, and Recently, the Supreme Court knocked the bottom out of the appellant’s argument in the case of Amadi v. F.R.N. 18 NWLR 259 at page 276, paras. C-D of the report, where Mukhtar, JSC held:

“In addition to the powers conferred on the Commission by this Act, the Commission shall be the co-ordinating agency for the enforcement of the provisions of any other law or regulation relating to economic and financial crimes, including the Criminal Code and Penal Code.” “In so far as the offences the Defendants are being charged with border on Economic and Financial Crimes, the EFCC is expressly conferred with power under Sections 6, 7, 13 and and 46 of the Economic and Financial Crimes Commission Act 2004 to initiate proceedings in any court in Nigeria for any offence bordering on Economic and Financial Crimes even under the Penal Code.

 

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