“Legal Sophistry”: Hon. Kayode Oladele Challenges Agbakoba’s Position On EFCC Legality
A former House of Representatives member and legal expert, Kayode Oladele, has criticized the stance of former Nigerian Bar Association President, Dr. Olisa Agbakoba (SAN), regarding the legal status of the Economic and Financial Crimes Commission (EFCC). Oladele described Agbakoba’s position as “legal sophistry.”
This response came after Agbakoba, in an interview and a letter to the National Assembly Constitution Review Committee, argued that the EFCC lacked constitutional powers to intervene in state matters, claiming the agency was “unconstitutionally established.”
In his letters, dated October 14, 2024, Agbakoba stated, “The EFCC is an unlawful organization,” and contended that its powers exceeded the mandate of the National Assembly. His comments follow a lawsuit filed by 16 states, challenging the EFCC’s authority to examine state finances, with the Supreme Court set to rule on the matter on October 22.
Oladele, however, rejected Agbakoba’s argument, asserting that the EFCC is legally established to combat economic and financial crimes such as fraud, money laundering, and misappropriation of public funds. He emphasized that Nigeria operates under a system of cooperative federalism, allowing certain agencies to serve both federal and state governments.
“With due respect, Mr. Agbakoba’s position is more of legal sophistry than legal substance,” Oladele remarked. He argued that the courts, including the Supreme Court, had long upheld the EFCC’s legal status, highlighting that the agency qualifies as “any other authority” empowered to initiate criminal proceedings under the Nigerian Constitution.
Oladele concluded that Agbakoba’s view lacks legal backing and is unsupportable in both law and practice. He noted that the EFCC’s powers to prosecute crimes are expressly conferred by the EFCC Establishment Act, affirming the agency’s legitimacy.
