Lawyer Wants Court To Void EFCC, NSCDC Enabling Acts
A constitutional lawyer, Joshua Ijaodola, has urged the Federal High Court, Abuja Division, to nullify the acts that enable the Economic and Financial Crimes Commission and the Nigeria Security and Civil Defence Corps as being unconstitutional.
Mr Ijaodola, in two fresh suits, argued that the acts violated Section 214 of the 1999 Constitution (as amended) in 2018 and 2023, respectively.The two suits are dated June 23 and filed on June 24.
The legal practitioner had, in the first suit marked FHC/ABJ/CS/1231/2025, sued the National Assembly, the attorney general of the federation, the Nigeria Police Force and the EFCC as first to 4th defendants.
In the second suit, marked FHC/ABJ/CS/1232/2025, the claimant listed NASS, AGF, NPF, and NSCDC as the first to fourth defendants, respectively.
Mr Ijaodola, the principal partner of the law firm of Ijaodola & Co., in his affidavit of non-multiplication of action, swore that the matter was not pending in any other court.
The Kwara-based lawyer, in the suit against EFCC, sought an order declaring the act enabling the agency “as unconstitutional and in violation of Section 214 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) in 2023 for the determination of the sole question of: “Whether or not the act enabling the 4th defendant (EFCC) is unconstitutional and in violation of Section 214 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) in 2023.”
He also sought the same in his suit against the NSCDC. In the affidavit in support of the suit against the EFCC, Mr Ijaodola averred that the NASS established the EFCC as “an economic police by virtue of the Economic and Financial Crimes Commission Act, 2004”.
According to him, the third defendant (police) is the body constitutionally empowered or saddled with the responsibilities of detection, prevention, apprehension and prosecution of all crimes by virtue of Section 214 of the 1999 Constitution (as amended) in 2018, etc., and Section 4 of the Police Act, 2022.
“That the first defendant (NASS), in Section 6 of the said Act, donates part of the statutory duties of the 3rd defendant (police) to the 4th defendant (EFCC),” he said.
He further argued that the legislature, in Section 8(5) of the act, grants the statutory powers of the police to EFCC “to investigate, arrest, detain and prosecute economic offenders in contravention of Section 214 of the 1999 Constitution (as amended) in 2018 and Section 4 of the Police Act, 2022.”
Mr Ijaodola submitted that the anti-graft agency has been usurping the constitutional powers of the police institution under the guise of Sections 6, 7 and 8 of the Economic and Financial Crimes Commission Act, 2004.
The claimant, in his affidavit also attached to the suit against NSCDC, averred that the police is the body constitutionally saddled with responsibilities to detect, prevent, apprehend and prosecute all crimes by virtue of Section 214 of the 1999 Constitution (as amended) in 2023 and Section 4 of the Police Act, 2022.
He argued that the NASS established the NSCDC as a police force in 2002 by the NSCDC (amendment) act, 2007, with the power to investigate, arrest, detain and prosecute offenders in contravention of Section 214 of the 1999 Constitution as amended in 2018 and Section 4 of the Police Act, 2022.
Mr Ijaodola submitted that the NSCDC had been usurping the constitutional powers of the police institution under the guise of Section 3 of the NSCDC (Amendment) Act, 2007.
The lawyer stated that the Nigerian government, represented by the AGF (second defendant), has been spending billions of the federal government’s money on the maintenance of the EFCC and NSCDC, which are being challenged in the
No comments