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Benue Governor Suspends Attorney General for EFCC Lawsuit Participation

Benue State Governor Hyacinth Alia has suspended the State Attorney General and Commissioner for Justice and Public Order, Fidelis Mynin, for engaging in a lawsuit against the Economic and Financial Crimes Commission (EFCC) without the governor’s prior approval.

This suspension follows the Supreme Court’s decision to reserve judgment on a case initiated by 19 states, including Benue, which challenges the constitutional legality of the EFCC. The case stems from a Supreme Court ruling in the matter of Dr. Joseph Nwobike vs. the Federal Republic of Nigeria, which concluded that the EFCC Establishment Act of 2004 does not comply with Section 12 of the 1999 Constitution. This section mandates that state houses of assembly must ratify international conventions before they can be incorporated into Nigerian law.

The plaintiffs contend that the EFCC law, lacking the necessary ratification from state legislatures, should not be enforced in states that did not approve it, thus deeming the EFCC’s establishment unconstitutional. While Benue is involved in the lawsuit, three states—Anambra, Adamawa, and Ebonyi—have opted out and filed separate motions before the court.

Governor Alia’s spokesperson, Kula Tersoo, confirmed the suspension, stating, “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.”

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