Abstract
Undoubtedly, the EFCC is one of the dominant anti-corruption agencies in Nigeria statutorily established to combat the monstrous corruption in recent times. However, the powers and functions of the EFCC are restricted by its enabling legislation, EFCC Act, to economic and financial crimes and other related offences committed with the sole aim of earning wealth illicitly. There is no gain saying of the fact that the EFCC, in the exercise of its powers and authority, has sometimes exceeded its limits as statutorily provided by its enabling Act. Its apparent excesses have been epitomized in diverse scenarios such as the freezing of the accounts of State governments, and incessant intrusion with those of other anti-graft agencies. This has, invariably, ignited the clamour by some legal luminaries and scholars for a judicial interpretation of the exact scope of powers of the EFCC. Consequently, this paper reviews the functions and powers of the EFCC as provided in section 6 and 7 relating to ‘economic and financial crimes’ and defined in section 46 of the EFCC Act, and recommends that the EFCC should operate within its statutory trajectory by ensuring strict compliance with the said provisions in the exercise of its investigation and prosecution powers. Additionally, the paper recommends that the clause ‘…and any form of corrupt malpractices…’ as contained in section 46 of the EFCC Act should be amended by re-phrasing or exciting it completely. The section appears to have imbued the EFCC with enormous powers at the expense of other anti-graft agencies.