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Falana asks N/Assembly to include EFCC, others in constitution

Human rights lawyer, Femi Falana (SAN) has written to the Speaker of the House of Representatives, Tajudeen Abbas to use the ongoing constitutional review to include the Economic and Financial Crimes Commission (EFCC) and others in the Nigerian Constitution.

 Falana in a statement on Thursday said if both the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) are constitutionalised, they will be protected and strengthened to fight the menace of corruption and money laundering.

 His letter is a reply to that written by Senior Advocate of Nigeria, Olisa Agbakoba, titled, “Re: Urgent Legislative Attention on Constitutional Reforms Relating to Law Enforcement Agencies and Anti-corruption Efforts”, where he contended that the power under which EFCC was established was beyond the powers of the National Assembly, adding that the agency was not established following the constitution.

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 He said, “Even though he did not refer to any particular case, Dr Agbakoba said that the Supreme Court has knocked the EFCC on many occasions.

 “On the contrary, the Supreme Court has consistently supported the efforts of the ICPC and EFCC in fighting the miasma of monumental corruption in the country.

  “However, the argument of Dr. Agbakoba is anchored on the premise that the establishment law of the EFCC has violated the basic tenets of federalism.”

 Further, Falana contends that the establishment of the anti-corruption agencies is not a breach of the principles of federalism, adding that if the aberration is supported by the provisions of the constitution, “It cannot be rightly argued that an illegality has occurred by the failure of the constitution to adhere to the cardinal principles which are at best ideals to follow or guidance for an ideal situation.”

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