In order to legally prove his stance that the Economic and Financial Crimes Commission has been breaking the rule of law, especially with the manner it prosecutes matters relating to states of the Federation, former President of the Nigerian Bar Association, Dr Olisa Agbakoba, SAN, has said he is heading to court.

Agbakoba said he would be praying the court for a declaration on the exact scope of powers of the commission, especially in relation to states of the Federation, while maintaining that the EFCC must not in the fight against corruption undermine the rule of law.

He quoted a very recent decision, Dr. Joseph Nwobike SAN v The Federal Republic of Nigeria FRN SC/CR/161/2020, in which the Supreme Court drastically limited the scope of powers of the EFCC, as it recognised that the EFCC being very powerful could not be allowed to run amok.

The Senior Advocate of Nigeria spoke in a statement he released on Tuesday evening, titled, “The Scope of Powers of EFCC Will Be Tested By The Courts.”

The statement reads, “Concerned that the EFCC often exceeds its powers in the investigation and prosecution of alleged offenders of our criminal laws, I held a media press conference to express my concerns, which I do occasionally on several national issues. I stated that I felt that the EFCC often but not all the time, I must concede, exceeded its powers in what it considers to be its public duty, in the war against corruption in Nigeria.

“The EFCC issued a response stating that I was wrong to take the views that it sometimes acts outside the scope of its powers vested by the EFCC Act. The EFCC referred to some cases, but I would say that in a very recent decision, Dr. Joseph Nwobike SAN v The Federal Republic of Nigeria FRN SC/CR/161/2020, the Supreme Court drastically limited the scope of powers of the EFCC, as it recognised that the EFCC being very powerful could not be allowed to run amok.

“I am not a court. Neither is the EFCC. I will proceed to the Court for a declaration on the exact scope of powers of the EFCC, especially in relation to states of the Federation. A declaration by a Judicial authority is the most valid process to authenticate if I am right or wrong with respect to my position that the EFCC often acts contrary to the law.

“I am not in any way against the EFCC on the fight against corruption. As admitted by the EFCC, I have always supported the fight against corruption. My concern is that the EFCC, in its undoubted statutory powers to stamp out corruption in Nigeria must strictly conform to the prescriptions of the law. EFCC must not in the fight against corruption undermine the rule of law. So, to the courts I go.”
While addressing a press conference on “The Rule of Law in Nigeria Today”, in Lagos on Sunday, Agbakoba had faulted the anti-graft agency over its recent actions against the Kogi State Government.

According to him, how a state spends its money should not be the business of the anti-graft agency. He had accused the EFCC of impunity, saying that assuming it was the Commission’s business to inquire how the state spends its money, would it still be its lawful business to investigate it?

https://www.google.com/amp/s/punchng.com/kogi-agbakoba-drags-efcc-to-court/%3famp

What exactly is EFCCs business with kogi if jot politically motivated?
See tunubu, cbn, wike, others that spent billions of money on elections, nobody is talking. Everytime kogi. To think this is same efcc charged with contempt

danladi02:


In order to legally prove his stance that the Economic and Financial Crimes Commission has been breaking the rule of law, especially with the manner it prosecutes matters relating to states of the Federation, former President of the Nigerian Bar Association, Dr Olisa Agbakoba, SAN, has said he is heading to court.

Agbakoba said he would be praying the court for a declaration on the exact scope of powers of the commission, especially in relation to states of the Federation, while maintaining that the EFCC must not in the fight against corruption undermine the rule of law.

He quoted a very recent decision, Dr. Joseph Nwobike SAN v The Federal Republic of Nigeria FRN SC/CR/161/2020, in which the Supreme Court drastically limited the scope of powers of the EFCC, as it recognised that the EFCC being very powerful could not be allowed to run amok.

The Senior Advocate of Nigeria spoke in a statement he released on Tuesday evening, titled, “The Scope of Powers of EFCC Will Be Tested By The Courts.”

The statement reads, “Concerned that the EFCC often exceeds its powers in the investigation and prosecution of alleged offenders of our criminal laws, I held a media press conference to express my concerns, which I do occasionally on several national issues. I stated that I felt that the EFCC often but not all the time, I must concede, exceeded its powers in what it considers to be its public duty, in the war against corruption in Nigeria.

“The EFCC issued a response stating that I was wrong to take the views that it sometimes acts outside the scope of its powers vested by the EFCC Act. The EFCC referred to some cases, but I would say that in a very recent decision, Dr. Joseph Nwobike SAN v The Federal Republic of Nigeria FRN SC/CR/161/2020, the Supreme Court drastically limited the scope of powers of the EFCC, as it recognised that the EFCC being very powerful could not be allowed to run amok.

“I am not a court. Neither is the EFCC. I will proceed to the Court for a declaration on the exact scope of powers of the EFCC, especially in relation to states of the Federation. A declaration by a Judicial authority is the most valid process to authenticate if I am right or wrong with respect to my position that the EFCC often acts contrary to the law.

“I am not in any way against the EFCC on the fight against corruption. As admitted by the EFCC, I have always supported the fight against corruption. My concern is that the EFCC, in its undoubted statutory powers to stamp out corruption in Nigeria must strictly conform to the prescriptions of the law. EFCC must not in the fight against corruption undermine the rule of law. So, to the courts I go.”
While addressing a press conference on “The Rule of Law in Nigeria Today”, in Lagos on Sunday, Agbakoba had faulted the anti-graft agency over its recent actions against the Kogi State Government.

According to him, how a state spends its money should not be the business of the anti-graft agency. He had accused the EFCC of impunity, saying that assuming it was the Commission’s business to inquire how the state spends its money, would it still be its lawful business to investigate it?

Source: https://kogiflame.com/kogi-vs-efcc-agbakoba-heads-to-court-insists-commission-must-not-undermine-rule-of-law/

Can't wait for the outcome of this case

EFCC is gradually losing relevance with the way they are operating

Seen

Why is Agbakoba so interested in kogi state issue alone when there are so many others...

ok

The way some people defend corruption is just too much

Brendaniel:
Why is Agbakoba so interested in kogi state issue alone when there are so many others...

He can only start somewhere, you and I can take on the rest.

Am not a fan of Kogi Gov but justice should be constant

Kogi to the world.
Those wey carry Kogi matter for head like gele, how market?

Which kind name be this? AGBAKOBA

I don't see why EFCC should not be able to have such powers over how a state spends its money. For me, the national economy is intricately tied to that of the state. That is why the debt burden of the states is a huge part of the overall national debt. I truly don't see the wrong with there being a national agency responsible for ensuring that monies meant for the states are spent for the right purposes.

Tinubu is una papa nightmare for that una igboland , ba ? idiot look inward u have plenty thieves and treasury looters worse than Ekeremadu in that your igboland putting u senseless chest beating igbo in serious poverty and impoverishment in ur SE states thats y mor0ns run to lagos and yoruba land enmass day and night for good life

happiness32:
What exactly is EFCCs business with kogi if jot politically motivated?
See tunubu, cbn, wike, others that spent billions of money on elections, nobody is talking. Everytime kogi. To think this is same efcc charged with contempt

According to him, how a state spends its money should not be the business of the anti-graft agency

One politician has settled him heavily. If not what reckless statement is?

Brendaniel:
Why is Agbakoba so interested in kogi state issue alone when there are so many others...

Some SAN are more than mad.

opalu:


One politician has settled him heavily. If not what reckless statement is?

May be to mr san is to "investigate" ones spending has a limitation.

Godispeace:
Tinubu is una papa nightmare for that una igboland , ba ? idiot look inward u have plenty thieves and treasury looters worse than Ekeremadu in that your igboland putting u senseless chest beating igbo in serious poverty and impoverishment in ur SE states thats y mor0ns run to lagos and yoruba land enmass day and night for good life

Oga, have you been wired to think or believe that when someone mention Tinubu's name on this forum such individual is automatically From SE?

A surface level assessment of the previous posts and comments of the person you quoted would have shown that the person is a pro-Yahya Bello from Kogi state.

This is childish jare. Some of you (both from the SW and SE) can't make comments without dragging an either population in your madness.

Only God knows how much this SAN was paid to carry this matter for head
Does he even have the locus? Given that he's neither an indigene of Kogi nor a govt official in the state
Don't be surprised our compromised judiciary will look the other way on the question of locus and just delve into the matter

So if you don't copy the entire article you won't be able to comment?

Naijafever1:


Can't wait for the outcome of this case

He is a lawyer and i am certain Kogi State government have employed his services, he has given them his charges of which they must have paid a certain percentage of it, so he has to swing into action, to prove to Kogi State government that he is capable and worthy of the money being paid to him. Na hustle the man dey like this. If him no perform well nobody go call am next time for such job.

Brendaniel:
Why is Agbakoba so interested in kogi state issue alone when there are so many others...

Politically motivated? I gues GYB’s party is APGA or he’s IPOB

NL Fp is constantly being filled with people that just rush to comment without reading or even comprehending the topic. Someone will soon call dis man IPOB. And not because the someone is even related to Bawa, but because he just can’t help being an urchin!

Following.

So Agbakoba is not even certain of his position but he is ranting so much akin to crying more than the bereaved? How am I sure that his so-called hithrto stand against corruption wasn't a cash-and-carry one?

happiness32:
What exactly is EFCCs business with kogi if jot politically motivated?
See tunubu, cbn, wike, others that spent billions of money on elections, nobody is talking. Everytime kogi. To think this is same efcc charged with contempt

Is your mumu not too much?
Don't you know that these outgoing
governors are busy stealing and packing
billions of public money in big holes dug
under their houses?

Country people, is this man fighting or supporting corruption?, How will these looters be afraid to empty the treasure when they know that they're people who are feeding fat from the charges they collect from them and can go to any length to prove them right. Governors are major players in Nigeria's woes, they are too powerful and only few of them have developmental orientation, there must be a way to checkmate them. Let the immunity be removed so that they can be challenged while in office maybe then we can hold them accountable through the courts while in service.

Hpesoj:



Oga, have you been wired to think or believe that when someone mention Tinubu's name on this forum such individual is automatically From SE?

A surface level assessment of the previous posts and comments of the person you quoted would have shown that the person is a pro-Yahya Bello from Kogi state.

This is childish jare. Some of you (both from the SW and SE) can't make comments without dragging an either population in your madness.

Are you minding the petty bunch of tribalists?

Shame on you Mr SAN lawyer, for being on the side of thieves.