Former President of the Nigerian Bar Association, Dr. Olisa Agbakoba, yesterday, said the Economic and Financial Crimes Commission (EFCC) should not have existed, insisting the anti-graft agency currently operates outside the Constitution.
Agbakoba described the Constitution as erroneous, saying whoever wrote it, did so for the country to fail. He said he now understood why Yoruba socio-cultural group, Afenifere, led by Pa Ayo Adebanjo, is always advocating change of the Constitution.
The Senior Advocate of Nigeria , who disclosed this at a press conference in Lagos, insisted the 1999 Constitution only provides one police force for Nigeria. He said, since the anti-graft body is not a branch of the police, it could not perform its functions. “Anybody can read Section 46 of the EFCC Act and Section 36 of the 1999 Constitution. Section 36 states that all offences must be defined. And when you now read Section 46, you ask yourself if it complies with Section 36 because it does not.
“My other prayer would be whether the National Assembly can make laws for the federation, and to what extent can the National Assembly, which is an arm of the Federal Government, make laws authorising a federal agency to exercise powers as if it were a state agency.
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