A constitutional lawyer, Joshua Ijaodola, has urged the Federal High Court in Abuja to nullify the Acts enabling the Economic and Financial Crimes Commission (EFCC) and the Nigeria Security and Civil Defence Corps (NSCDC) as being unconstitutional.
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 (NASS), the Attorney-General of the Federation (AGF), Nigeria Police Force (NPF) and EFCC as 1st to 4th defendants.
In the second suit marked: FHC/ABJ/CS/1232/2025, the claimant listed NASS, AGF, NPF and NSCDC as 1st to 4th defendant respectively.
Ijaodola, who is the Principal Partner of the law firm of Ijaodola & Co, in his affidavit of non-multiplication of action, sworn that the matter is 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 equally sought same in his suit against NSCDC, also known as civil defence.
in the affidavit in support of the suit against the EFCC, Ijaodola averred that the NASS established the EFCC as “an economic police by virtue of Economic and Financial Crimes Commission Act, 2004.”
According to him, the 3rd 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 Police Act, 2022.
“That the 1st 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 said Act, donates the statutory powers of the Nigerian police to EFCC, “i.e power 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 Police Act, 2022.”
Ijaodola submitted that the anti-graft agency has been usurping the constitutional powers of the police institution under the guise of Section 6, 7 and 8 of the Economic and Financial Crimes Commission Act, 2004.
The claimant, in his affidavit also attached to the suit against civil defence, 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 Police Act, 2022.
He argued that the NASS established the NSCDC as a police 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 Police Act, 2022.
Ijaodola submitted that the civil defence has 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, being represented by the AGF (2nd defendant), has been spending billions of the Federal Government’s money for the maintenance of the EFCC and NSCDC being challenged in the suits.
He said the grant of his application would be in the interest of justice and supremacy of the constitution.
“I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Oaths Act,” he said.
The suit is yet to be assigned to a judge as at the time of the report.(NAN)
