‘Legal sophistry’ — lawyer faults Agbakoba’s position on EFCC’s legal status
With due respect, Mr. Agbakoba SAN’s position is more of legal sophistry rather than legal substance, Oladele said.
Kayode Oladele, a lawyer and former member of the house of representatives, has faulted Olisa Agbakoba, an ex-president of the Nigerian Bar Association (NBA) on his position on the legal status of the Economic and Financial Crimes Commission (EFCC), describing it as “legal sophistry “
Oladele’s response was a rejoinder to an interview granted by Agbakoba, a senior advocate of Nigeria (SAN), wherein he said EFCC lacked the powers to interfere in state affairs, and his fresh to the Joint national assembly constitution review committee.
“It is pertinent to state that the Economic and Financial Crimes Commission (EFCC) is a Nigerian law enforcement agency established to investigate and prosecute economic and financial crimes, such as advance fee fraud, money laundering and misapplication and misappropriation of public funds,” the former lawmaker said in a statement on Wednesday.
“With due respect, Mr. Agbakoba SAN’s position is more of legal sophistry rather than legal substance.
“His position does not represent the correct position of the law as it runs contrary to the long-settled position of the law as handed down by the superior courts of law including the Apex Court in Nigeria.
“It is settled law that Nigeria operates a co-operative federalism as opposed to dualist federalism and under co-operative federalism as practiced in Nigeria, some agencies are common agencies for both the Federal and State Government.”
Oladele noted that the view expressed by Agbakoba does not have any legal backing “and therefore unsupportable in law and practice”.
“Indeed, the EFCC is a common agency for both the Federal and State Economic and Financial Crimes, and as such, it qualifies as ‘any other authority’ to institute criminal proceedings under section 174(1)(b) and section 211(1)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended),” he said.
“Again, these statutory provisions have been given judicial considerations by the Supreme Court and the Court of Appeal, in line with my position and contrary to Mr. Agbakoba’s views or submissions on this issue.
“EFCC is expressly conferred with powers under sections 6(m), 9(2) and 13(2) of EFCC (Est.) Act to initiate criminal proceedings in any court in Nigeria for any offence bordering on economic and financial crimes, even under the penal code.
“The EFCC cannot, therefore, be faulted for initiating the instant charge in the name of “Federal Republic of Nigeria”.
“This is because the Federal Government of Nigeria is not synonymous with the Federation of Nigeria, or the Federal Republic of Nigeria.”
