A previous Leader of the Nigerian Bar Affiliation, Olisa Agbakoba (SAN), has said that the Monetary and Monetary Violations Commission shouldn’t have been in presence, focusing on that the commission as of now works outside the Constitution.
Agbakoba expressed that since the EFCC is a making of the Public Gathering, it doesn’t have the ability to impede the exercises of state legislatures.
The legal counselor, who expressed this on Thursday at a public interview in Lagos, kept up with that the 1999 Constitution just accommodates one police force for Nigeria, adding that since the counter join organization isn’t a part of the police, it couldn’t carry out its roles.
He brought up that the EFCC was a bureaucratic foundation made by the Public Get together, adding that under Segment 4 of the 1999 Constitution, the powers of government are isolated into two: the Bureaucratic and the state.
He said, “The inquiry could be on the off chance that the EFCC is made by the National Government, might it at any point indict state offenses?
“The High Court in a large number of its choices has held that federalism implies two independent and free legislatures and assuming that is right, the EFCC doesn’t reserve the option to go to the states and look at their records.
“Anyone can peruse area 46 of the EFCC Act and Segment 36(12) of the 1999 Constitution. Segment 36(12) states that all offenses should be characterized and indicated when you presently read Area 46, you inquire as to whether it follows Area 36(12). Really it doesn’t.
“I have asked myself in my exploration, is the EFCC a police force, is it a knowledge office or is it a security organization? I have taken a gander at the meaning of what the Police Power may be. The police force is what examines and distinguishes violations stops wrongdoings and now and again prosecutes. That is the center capability of the police force.”
Agbakoba said since Segment 214 of the Constitution says there will be just a single police force and the EFCC is performing police capabilities, “then one of my requests in court would be that EFCC should not to exist in any case since it’s anything but a part of the police and that the task finished by the EFCC is a similar one being finished by the Police’s Extraordinary Extortion Unit.
“My other petitioning God would be whether the Public Gathering can make regulations for the organization and how much can the Public Get together which is an arm of the National Government make regulations approving a bureaucratic organization to practice powers as though it were a state office.”
Agbakoba added that he isn’t battling the commission as he is one of the best allies of law and order and the battle against defilement, noticing that the main problem is about the disappointment of the security organizations to comply with law and order.
In a meeting with The PUNCH, another senior promoter, Mr Ebun Adegboruwa, supported Agbakoba on the issue.
Adegboruwa said, “Every one individuals in the EFCC who are working are standard police officers who were drafted from the current police force. So it involves preparing and strengthening.
“If the offices, cash and preparing accessible to the EFCC are accessible to the police, I’m certain likely they will improve. So I have motivations to accept and concur with Dr Agbakoba that such a large number of organizations of government are being copied.”
However, Norrison Quakers (SAN) couldn’t help contradicting them, saying that the EFCC is discrete and particular from the police on the grounds that the law that laid out it enabled it to explore and indict monetary wrongdoings.
Additionally, Mr Wahab Shittu (SAN) blamed Agbakoba and Adegboruwa.
He said the EFCC and the Autonomous Degenerate Practices and Other Related Offenses Commission were made explicitly to handle debasement.
At the point when reached on the phone, the EFCC’s representative, Wilson Uwujaren, let The PUNCH know that he didn’t know about the legal advisors’ remark.