Benue Governor Suspends Justice Commissioner Over EFCC Legitimacy Dispute

Benue State Justice Commissioner Suspended for Questioning EFCC's Authority

Lawsuit, originally filed by Kogi State, challenges the EFCC's...

States sue Nigerian government over EFCC's legitimacy, alleging unconstitutional enactment of UN Convention against Corruption. Judgment pending.

Governor Hyacinth Alia of Benue State has suspended Fidelis Mnyim, the state's Attorney General and Commissioner for Justice and Public Order, due to Mnyim's involvement in a legal challenge against the Economic and Financial Crimes Commission (EFCC) and the Independent Corrupt Practices and Other Related Offences Commission (ICPC). This suspension comes after 19 states, including Benue, questioned the constitutionality of the laws that created the EFCC in a lawsuit that was heard by the Supreme Court on October 22.

The Lawsuit Details

The lawsuit, originally filed by Kogi State, challenges the EFCC's legitimacy, arguing that its formation breached constitutional provisions. The states claim that the Constitution requires the majority of state Houses of Assembly to agree before passing the EFCC Act, which allegedly never happened.

States Involved

Imo and Bauchi have joined the suit as co-plaintiffs, while Osun State requested consolidation of the case.

Anambra, Ebonyi, and Adamawa have withdrawn their claims.

Other states involved in the suit include Ondo, Edo, Oyo, Ogun, Nassarawa, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Plateau, Cross-River, and Nigee.

The Supreme Court has reserved judgment on the matter, leaving the nation awaiting the outcome of this significant case.

Nineteen states in Nigeria, including Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba, are challenging the legality of the Economic and Financial Crimes Commission (EFCC). They argue that the UN Convention against Corruption, integrated into the EFCC Establishment Act, was enacted without adhering to Section 12 of the Nigerian Constitution.

The states claim that compliance with Section 12 is necessary when incorporating international conventions into Nigerian law. This provision requires the majority of states' Houses of Assembly to agree before passing certain laws. The EFCC's formation allegedly breached these constitutional provisions, rendering it an “illegal institution.”

A seven-man panel of justices, led by Justice Uwani Abba-Aji, heard the case on October 22 and reserved judgment for a later date. Initially, Kogi State filed the suit, seeking declarations that the Federal Government lacks the power to issue directives on fund management and that the EFCC cannot investigate or arrest individuals related to state fund administration.

Key States Involved:

• Kogi
• Kebbi
• Katsina
• Sokoto
• Jigawa
• Enugu
• Oyo
• Benue
• Plateau
• Cross River
• Ondo
• Niger
• Edo
• Bauchi
• Imo
• Osun
• Nasarawa
• Ogun
• Taraba