Elder statesman and Senior Advocate of Nigeria (SAN), Robert Clarke, has expressed concern over the legality of the Economic and Financial Crimes Commission (EFCC), stating that “jittery” governors and their predecessors are not following the correct legal channels by contesting the commission’s legitimacy.
Clarke, who appeared on Channels Television’s Politics Today, asserted that governors cannot challenge the Federal Government to enforce existing laws or question the actions of law enforcement agencies like the EFCC.
His remarks come as sixteen states, led by Kogi State, have taken legal action against the EFCC and the Nigerian Financial Intelligence Unit (NFIU) at the Supreme Court, questioning the constitutionality of the laws establishing these agencies. A seven-member panel, chaired by Justice Uwani Abba-Aji, is set to hear the case on October 22, 2024.
While Clarke acknowledged the governors’ legal right to challenge laws perceived as unconstitutional, he questioned the validity of their claims.
“If you look at the antecedents of the operations of these laws… they have every right to jittery,” he stated, referring to the involvement of several governors in high-profile corruption cases.
He emphasized that their challenge is misplaced unless the governors can identify specific constitutional violations.
“They cannot challenge the Federal Government for implementing an existing law. They cannot challenge the police or any other agency of government executing an existing law,” Clarke added.
Additionally, Clarke raised alarms about inconsistent court judgments in Nigeria, warning that conflicting rulings could lead to a perception of “Kangaroo courts.”
He stressed the need for judicial caution to prevent the erosion of public trust in the legal system, noting, “If we are not careful, we will turn our courts into Kangaroo courts.”