A Senior Advocate of Nigeria (SAN), Oba Maduabuchi, has stated that President Bola Tinubu has no constitutional power to issue directives or control the operations of the Economic and Financial Crimes Commission (EFCC).
He insisted that the anti-graft agency was created to operate as an independent body to fulfill its mandate without executive interference.
Naijaonpoint reports that Maduabuchi made these assertions during an interview on ARISE Television while reacting to the heated political controversy following the EFCC’s decision to freeze the Osun State Government’s statutory allocation account, and President Tinubu’s subsequent order directing the agency to unfreeze it.
The senior lawyer clarified that while the President reserves the right to express concerns regarding the timing of the agency’s actions, he cannot legally command the commission on how to conduct its anti-corruption investigations.
“The President does not have the power under any law to control the EFCC,” Maduabuchi stated categorically.
EFCC Designed To Check Executive Power
Elaborating further, Maduabuchi explained that the EFCC was intentionally established as an autonomous anti-corruption watchdog to investigate and prosecute financial crimes, including those committed by top government officials.
He warned against creating a scenario where the executive branch exercises operational authority over the agency tasked with policing it.
“The EFCC is supposed to be the dogs that fight corruption, including corruption from the executive, and it will be wrong if the person you are supposed to chase has the power to direct you and do it publicly,” the SAN added.
However, Maduabuchi pointed out that President Tinubu’s intervention was focused on the political timing of the account freeze, rather than stopping the ongoing corruption investigation completely.
“The President spoke on the timing; he never asked the EFCC not to investigate, and he said the way it was done was wrong. They can unfreeze the account now and continue after the elections,” he noted.
The legal practitioner noted that given the political tension surrounding the upcoming Osun State governorship election, the President’s concern about the timing was understandable to prevent the perception of political witch-hunting.
“Given the circumstances, it was very necessary for the President to come into the Osun-EFCC matter,” Maduabuchi said.
Naijaonpoint reports that the ongoing legal and political battle began after the EFCC placed a restriction on the Osun State Government’s statutory allocation account as part of a probe into the alleged mismanagement of public funds.
The move triggered fierce backlash from Governor Ademola Adeleke’s administration and opposition leaders, who condemned the account freeze as an attempt to undermine the state ahead of the August 15 governorship election.
Following the public outcry, President Tinubu directed the EFCC to go back to court and unfreeze the state’s account, stating that while anti-corruption agencies must perform their duties, the timing of the move could send the wrong signal about the federal government interfering in state elections.
