EFCC, a moral institution operating on illegalities- Group alleges
A group, Movement for true federalism has called for the scrapping of the Economic and Financial Crime Commission, (EFCC) claiming the institution was founded on illegality and for long being used to legally fight illegality.
Spokeperson of the group, Abdullahi Sanusi in a statement on Friday noted that the anti-graft agency has been operating on illegality since the agency was established in 2004 with the aim to mitigate corruption.
He recalled that the EFCC which is an act was enacted pursuant to a treaty known as United Nations convention against corruption ( UNCAC) which was brought into force by the United Nations General Assembly resolution 58/4 of 31st of October, 2003.
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Sanusi, who has vast knowledge of the Nigeria Constitution asserted that Kofi Anan the then United Nations Secretary General at the said convention noted that the convention introduces a comprehensive set of standards, measures and rules that all countries can apply in order to strengthen their legal and regulatory regime to fight corruption.
Making reference to the constitution, Sanusi said “Section 12 of the Constitution of the Federal Republic of Nigeria, 1999 as amended which is the Apex Law of the land provides; No treaty between the Federation and any other country shall have the force of the law except to the extent to which any such treaty has been enacted into law by the National Assembly.
” Section 12 (2) state that the National Assembly may make laws for the Federation or any part thereof with respect to matters not included in the Exclusive Legislative List for the purpose of implementing a treaty.
“SECTION 12 (3)A bill for an Act of the National Assembly passed pursuant to the provision of subsection (2) of this section shall not be presented to the President for assent and shall not be enacted unless it is ratified by a majority of all the Houses of Assembly in the Federation,Our emphasis here is subsection (3) as underlined.
“I have carried a background check and have consulted various statute books and gazette and have not found where and when the majority of all the Houses of Assembly ratified the ECONOMIC AND FINANCIAL CRIMES COMMISSION (ESTABLISHMENT BILL) prior to when same was presented to the President who signed same into law as EFCC Act, 2004 within the contemplation and intendment Section 12 (3) of the Constitution.
“If my finding is true and correct which I reasonably believed to be true and correct, then it’s high time our judiciary rose up to the occasion to scrap and disband EFCC is now and save this nation a sure to happen National embarrassment or disaster in the future”.
He called on the Federal Government led by Senator Bola Ahmed Tinubu to leave above board and do the needful to put an end to what he described as national embarrassment occasioned by the operation of EFCC without a constitutional validity for over 20 years .
“I am fortified by this clarion call on the Federal Government of Nigeria to either overhaul, scrap and or disband EFCC by the extant principle of Nigeria Constitutional jurisprudence that all laws must take its validity from the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“Section 1 of the Constitution of the Federal Republic of Nigeria, 1999 as amended is very instructive and vital to this discuss. It provide thus;Section 1 (1) say that this constitution is supreme and its provisions shall have binding forces on all authorities and persons throughout the Federal Republic of Nigeria.
“Section 1 (2) states that the Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution.
“Section 1 (3)If any other law is inconsistent with the provisions of this Constitution. This Constitution shall prevail, and that other law shall to the extent of the inconsistency be void. Our emphasis is on the supremacy doctrine and the doctrine of inconsistencies as enshrined in the Constitution.
“Undoubtedly and from the foregoing, the EFCC Act, 2004 is bereft of Constitutional validity same having been enacted in deference to Section 12 (3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended.
“By the import and community examination and or reading of Section 1 (1) and (3) of the Constitution of the Federal Republic of Nigeria, 1999 as amended, EFCC Act, of 2004 is void from the beginning and the appropriate action to take by any responsive government is to scrap or disband them forthwith. We call on the Government to do so having illegally functioned for over 20 years” he added.
He said ” corruption and crime are not on the exclusive legislative list and as such the majority of the house of assemblies should have been made to back the EFCC bill before it’s enactment by the National Assembly in line with section 12 of the constitution a process not done making establishment of EFCC , a moral institution to be founded on illegality to chase illegality ”
The spokesperson of the group also went further to state that since the constitution backs the House of Assembly to make laws regarding taxations, charges and finances of all states , the assemblies also should have superior power regarding investigation, conviction and punishment of diversion of such funds.
He urged the House of Assembly across the Country to rise up to their legislative duties to avoid duplication of functions by the EFCC.
