Benue State Governor Hyacinth Alia has suspended the State Attorney General and Commissioner for Justice and Public Order, Fidelis Mynin, for joining a suit challenging the Economic and Financial Crimes Commission’s (EFCC) legality without his approval.
The suspension comes as the Supreme Court reserved judgment on Tuesday in a suit filed by 19 states, including Benue, questioning the EFCC’s constitutionality.
The plaintiffs based their case on a Supreme Court judgment involving Dr. Joseph Nwobike vs. Federal Republic of Nigeria. The Supreme Court had ruled that the EFCC Establishment Act, derived from a United Nations Convention against corruption, was enacted in 2004 without following the provisions of Section 12 of the 1999 Constitution, as amended. Section 12 requires that a majority of state houses of assembly ratify such laws when incorporating international conventions into Nigerian law.
The plaintiffs argued that since the law was not ratified by the required state assemblies, it could not be applied to states that did not approve it as per constitutional requirements. They contended that any institution formed under such circumstances should be deemed illegal.
It can be recalled that three states – Anambra, Adamawa, and Ebonyi – have withdrawn from the suit, submitting separate applications before the court.
Confirming the suspension, Governor Alia’s spokesperson, Kula Tersoo, said, “It’s true, His Excellency today suspended the State Attorney General and Commissioner for Justice and Public Order for joining the suit challenging the legality of EFCC without informing the governor.”