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Gov Alia suspends AG for joining Benue to states challenging EFCC’s legality

Governor Hyacinth Alia [BSG]

Some states instituted a suit at the Supreme Court, seeking the declaration of EFCC as an unconstitutional agency.

Benue Governor, Rev Father Hyacinth Iormem Alia, has suspended the State's Attorney General and Commissioner of Justice and Public Order, Fidelis Mnyim, for joining the state to a suit challenging the legality of the Economic and Financial Crimes Commission (EFCC).

The Attorney General allegedly joined Benue to other states challenging the establishment of the two federal anti-graft agencies - the EFCC and the Independent Corrupt Practices and Other Related Offences Commission (ICPC).

Recall that the Supreme Court had on Tuesday, October 22, 2024, reserved judgment in the suit filed by 19 states questioning the constitutionality of the laws establishing the commissions.

While two states (Imo and Bauchi) joined the suit as co-plaintiffs, Osun State sought consolidation of the suit, and three states including Anambra, Ebonyi, and Adamawa withdrew from the suit.

The 19 states still in the suit are Kogi, Kebbi, Katsina, Sokoto, Jigawa, Enugu, Oyo, Benue, Plateau, Cross River, Ondo, Niger, Edo, Bauchi, Imo, Osun, Nasarawa, Ogun, and Taraba.

The states are contending that it was the United Nations Convention against Corruption was reduced into the EFCC Establishment Act enacted in 2004, and in so doing, the provision of Section 12 of the Nigerian constitution was not followed.

The plaintiffs argued that in bringing into the Nigerian law, the provision of Section 12 had not been complied with.

The court is expected to communicate a date for judgment to all parties.

Former President of the Nigerian Bar Association (NBA) Dr Olisa Agbakoba (SAN) [thisdaylive]
Former President of the Nigerian Bar Association (NBA) Dr Olisa Agbakoba (SAN) [thisdaylive]

Senior lawyers support scrapping of EFCC

Pulse reports that some senior lawyers in the country have also joined the calls for the scrapping of the EFCC, describing the agency as a misnomer.

Last week, a former President of the Nigerian Bar Association (NBA, Olisa Agbakoba (SAN) described the anti-graft agency as an unlawful organisation.

The SAN stated this in two separate letters to the Senate and House of Representatives, dated October 14, 2024.

The senior lawyer said he strongly believed that the EFCC was “unconstitutionally established.

“I very strongly believe the EFCC is unconstitutionally established.

“The powers under which it was established go beyond the powers of the National Assembly.

“The EFCC is an unlawful organisation,” Agbakoba, the former NBA President said.

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