A group of pro-democracy activists under the aegis of “Concerned lawyers for justice and defence of the rule of law and democracy” has urged the Nigerian Bar Association (NBA) and the Body of Benchers to wade into the suspension of Benue State Attorney-General and Commissioner for Justice and Public Order, Mr. Bemsen Mynin.

CITY LAWYER recalls that Mynin was placed on an indefinite suspension by Benue State Governor, Rev. Fr. Hyacinth Alia for joining the lawsuit challenging the legality of Economic and Financial Crimes Commission (EFCC) allegedly without approval from the governor.

In a press statement made available to CITY LAWYER, the group wrote: “It is therefore imperative for the Nigerian Bar Association and the Body of Benchers and all stakeholders to take proactive steps to protect the office of the State Attorney General. The Nigerian Bar Association and the Body of Benchers have a duty to ensure that the Attorney General is able to operate independently and in accordance with the principles of justice and fairness.”

The human rights group warned that Mynin’s suspension “sends a chilling message to other public officials and members of the legal profession. It creates a climate of fear and uncertainty, where individuals may be hesitant to speak out against injustice or challenge the government’s actions. This is detrimental to the functioning of a democratic society and threatens the rights and freedoms of all citizens.”

* Governor Alia and Mynin … when the going was good.

Below is the full text of the statement.

PRESS RELEASE BY CONCERNED LAWYERS FOR JUSTICE AND DEFENCE OF THE RULE OF LAW AND DEMOCRACY ISSUED IN REACTION TO THE INDEFINITE SUSPENSION OF THE ATTORNEY-GENERAL OF BENUE STATE BY THE GOVERNOR OF BENUE STATE.

INTRODUCTION

1.1 Lawyers play a vital role in upholding the rule of law, protecting individual rights, and ensuring fair justice administration. They advocate for clients’ rights, negotiate settlements, and provide legal advice. They also uphold societal principles of justice by advocating for legal reforms, challenging unjust laws and actions, and promoting access to justice for marginalized populations. Lawyers may engage in pro bono work to ensure equal access to the legal system.

1.2 The State Attorney General’s office is created by the 1999 Constitution of the Federal Republic of Nigeria with the responsibilities of defending the government in legal matters, prosecuting criminal cases, and defending the state in civil litigation. In performing his constitutional responsibilities, the Attorney-General and all the lawyers in his office must uphold ethical standards, uphold transparency, accountability, and integrity, protect individual rights, uphold the rule of law and promote a fair legal system.

2.0 OFFICE OF THE STATE ATTORNEY-GENRAL

2.1 The office of the State Attorney General is a crucial institution in Nigeria, established by Section 195 and the powers of the office prescribed by Section 211 of the 1999 Constitution. The Attorney General is responsible for upholding the rule of law, protecting citizens’ rights, and ensuring justice is served. The State Attorney General is a key figure in Nigeria’s legal system. He serves as the Chief Legal Officer, providing legal advice to the State Government on legislative and executive actions, he also represents the State in legal proceedings and acts as the chief prosecutor in criminal cases.

2.2 The State Attorney General can institute and undertake criminal proceedings on behalf of the State, prosecuting individuals accused of crimes within the State. He can intervene in legal proceedings affecting the State’s interests, file amicus curiae briefs, and issue binding legal opinions on State legal matters. The role of the State Attorney General is pivotal in maintaining the integrity of the legal system and protecting the interests of the State and its citizens.

3.0 SUSPENSION OF THE ATTORNEY-GENERAL OF BENUE STATE

3.1 On Wednesday, 23rd October, 2024, the Chief Press Secretary to the Governor of Benue State, Sir Tersoo Kula issued a press statement wherein he stated that “The Governor of Benue State, Rev. Fr. Hyacinth Alia, has directed the Attorney General of the State and Commissioner for Justice, Barr. Bemsen Mnyim, to proceed on indefinite suspension”. The press statement further read that “the suspension was necessitated by Barr. Mnyim’s ultra vires decision to join the State in a suit challenging the legality of anti-graft agencies, namely the Economic and Financial Crimes Commission (EFCC) and Independent Corrupt Practices Commission (ICPC)”. The Press statement quoted the Governor as stating that:

“No appointee is permitted to act unilaterally. No matter how pressing or urgent the issue is, one must resort to due consultations with me or appropriately brief me and seek my permission before acting, especially in a sensitive matter such as this”

“My administration is holding accountable those who embezzled money and drained our State dry. The EFCC and ICPC are assisting us in this effort. How can I now turn around and begin to challenge these watchdogs? I gave no permission for him to enter appearance for the State. Because he acted on his own, I hereby suspend him indefinitely pending a satisfactory explanation of his actions.”

3.2 It is our contention that the issue of the Governor suspending the Attorney General for joining a suit without permission is a contentious one, involving the balance and exercise of power conferred by the Constitution. The powers of the State Attorney General are expressly prescribed by the Constitution.

In exercising his powers conferred by section 211 of the 1999 Constitution, the State Attorney General does not require the permission of the Governor.

The Constitution clearly delineates the role of the Attorney General as an independent legal officer who is not subject to the direction or control of any other authority, including the Governor as far as exercising his constitutionally prescribed duties are concerned. This independence is crucial to ensure that the Attorney General can carry out his duties impartially and without interference from political authorities.

The Attorney General is expected to act in the public interest and uphold the rule of law, regardless of the preferences or instructions of the Governor. This independence of the Attorney-General is essential to maintain the integrity of the legal system and ensure that justice is administered fairly and impartially.

While the Governor may have the authority to appoint the Attorney General, this does not give him the power to direct or control the Attorney General in the performance of his constitutional duties. The Attorney General is accountable to the law and the Constitution, not to the Governor or any other political authority in these regards.

The Attorney General serves as the Chief Legal Officer and represents the State in legal matters, including bringing lawsuits to protect the government and its citizens. However, there may be situations where consultation or approval from the Governor is necessary, such as in cases of significant public policy or political importance. The Attorney General and Governor should work together in such circumstances to best serve the interests of the State and its citizens.

It is a notorious fact that the suspended Attorney General since the inception of the current administration has filed and defended several suits on behalf of the State government. These suits include but are not limited to the Local Government autonomy suit. The questions then are:

What is the established procedure for the Attorney General to obtain the Governor’s permission before filing, defending or joining a suit on behalf of the State?

Did the Attorney-General follow the procedure and obtained the Governor’s permission in all other cases except the EFCC and ICPC case?

We note regrettably that the combination of the offices of Commissioner for Justice and Attorney General has accounted for the misconception that the Attorney-General as an appointee of the Governor is under the control of the Governor instead of the Constitution that established the office. The Office of the Attorney General and the Office of the Commissioner for Justice are two distinct entities within a State Government, each serving a unique purpose in the administration of justice.

The Attorney General is the chief legal officer, representing the state in legal matters and providing legal advice. He enforces state laws, prosecute criminal cases, and defend the state in legal disputes as earlier stated. The Commissioner for Justice on the other hand is a more specialized office, dealing with policy issues and overseeing the state’s court system, legal services, and other aspects of the justice sector.

The call for maintaining separate offices for the Attorney General and the Commissioner for Justice to allow each office to focus on its specific responsibilities, prevent conflicts of interest, and ensure effective operations, is therefore imperative and is hereby reiterated.

4.0 WHETHER THE ATTORNEY GENERAL WAS GIVEN FAIR HEARING

4.1 The suspension of the Attorney General ‘indefinitely pending a satisfactory explanation of his actions’ call to question whether he was given fair hearing and accorded the respect of his office.

4.2 The principle of fair hearing is a fundamental aspect of the legal system that ensures individuals are given a fair and impartial opportunity to present their case before a decision is made. This principle is rooted in the concept of due process, which is a fundamental right that guarantees individuals the right to be heard and to have their case considered fairly and impartially.

4.3 Fair hearing as one of the pillars of justice can be traced to the biblical story of Adam and Eve where God afforded them a fair hearing before imposing punishment for eating the forbidden fruit. This narrative is a powerful example of justice and accountability in the face of disobedience. Despite their transgression, God did not immediately condemn Adam and Eve, but instead gave them the opportunity to explain their actions and accept responsibility for their choices.

4.4 When Adam and Eve ate the forbidden fruit, they disobeyed God’s command and brought sin into the world. However, God did not act rashly or impulsively in response to their actions. Instead, he called out to them, asking where they were and why they had eaten the fruit. This demonstrates God’s willingness to listen to their side of the story and give them a chance to explain themselves. This story highlights the importance of accountability and justice in the face of wrongdoing. By affording Adam and Eve a fair hearing before imposing punishment, God set a precedent for fairness and justice in his dealings with humanity.

4.5 The Governor from his background and training is expected to be above board and to act accordingly. Suspending the Attorney General before calling on him to provide ‘satisfactory explanation of his actions’ negates the principles of fair hearing and justice. It is tantamount to putting a cart before the horse and to say the least, malicious.

5.0 IMPLICATION OF THE GOVERNOR CLAIMING IGNORANCE OF THE SUIT

5.1 First and foremost, the Governor’s claim of being unaware of a high-profile lawsuit involving the State despite widespread media coverage raises serious concerns about his level of awareness and engagement with important issues affecting the State. As the Chief Executive of the State, the Governor is expected to be well-informed about significant matters that could have far-reaching implications for the State and its residents. Failing to be aware of such a lawsuit calls into question the Governor’s ability to stay informed and make informed decisions on behalf of the State.

5.2 Furthermore, the Governor’s claim of ignorance about a lawsuit that has been widely covered in both the traditional and social media for months raises doubts about his transparency and honesty. Does it mean that the Governor does not listen to news or read the newspapers? On the other hand, does it mean his litany of media aids failed and neglected in their responsibility to keep the Governor abreast of current affairs?

5.3 It is difficult to believe that a Governor would not be aware of a lawsuit that has garnered significant media attention and public interest. This lack of transparency and honesty can erode public trust in the Governor and the State Government as a whole, leading to a loss of credibility and legitimacy.

6.0 IMPLICATION OF SUSPENDING THE ATTORNEY GENERAL INDEFINITELY

6.1 The suspension of an Attorney General of a State indefinitely can have significant socio-political implications. The Attorney General is a key figure in the legal system of a State, responsible for representing and guiding the State in legal matters and generally overseeing the administration of justice in the State. As such, the suspension of the Attorney General can disrupt the functioning of the legal system, create a power vacuum, leave a void in the leadership of the legal system, create uncertainty and instability, and have broader political consequences.

6.2 The suspension of the Attorney General also has implications for the rule of law. The Attorney General plays a key role in upholding the rule of law and ensuring that the government acts in accordance with legal principles. The suspension of the Attorney General can create uncertainty about the Government’s commitment to the rule of law and raise concerns about the integrity of the legal system. This can have wider implications for the functioning of democracy and the protection of individual rights and freedoms.

7.0 OTHER PERSPECTIVES

7.1 The Governor’s suspension of the Attorney General for joining a suit against the anti-graft agencies has raised serious concerns. The suspension is attributed to fear of reprisal from the anti-graft agencies, known for their aggressive pursuit of corruption cases.

7.2 The Economic and Financial Crimes Commission (EFCC) for instance is facing a growing concern among State Governors due to its history of selective prosecution of political opponents and misuse of its powers for political purposes. Governors, who hold significant power within their States, are vulnerable to allegations of corruption and misuse of public funds. The fear of being targeted by the EFCC has chilling effects on governance and public service in the States, making them hesitant to make bold decisions or take necessary actions.

7.3 The Governor’s suspension of the Attorney General for joining the suit against the anti-graft agencies has therefore, raised suspicions of scapegoating.

8.0 NEED TO RESPECT AND PROTECT THE OFFICE OF THE ATTORNEY-GENERAL

8.1 The office of the Attorney General needs to be treated with respect because of the important role it plays in upholding the rule of law. One of the primary reasons for respecting and safeguarding the office of the State Attorney General is to ensure that the office can carry out its duties without fear or favor. The Attorney General must be able to act impartially and without bias in order to uphold the rule of law and protect the rights of all citizens. Any attempts to undermine the Attorney General’s office could compromise his ability to fulfill his constitutional mandate and erode public trust in the legal system.

8.2 Protecting the office of the State Attorney General is essential for ensuring that the Government operates within the confines of the law and that no one is above the law and this is crucial for preserving the integrity of the legal system. Without a strong and respected Attorney General, there is a risk that the legal system could become corrupted and justice could be compromised, thus undermining public confidence in the administration of justice.

8.3 The office of the Attorney General also needs to be treated with respect because of the expertise and experience that the Attorney General brings to the role. The Attorney General is typically a highly experienced and skilled legal professional who has a deep understanding of the law and legal processes. This expertise is crucial in ensuring that the government is able to make informed and legally sound decisions. It is the only political office that the constitution prescribed 10 years post qualification for the occupant.

8.4 The Governor should also respect the office of the State Attorney General because the Attorney General is an independent constitutional officer. The Attorney General although appointed by the Governor, his appointment is with constitutional flavour and therefore, is not beholden to the Governor or any other State official. By respecting the office of the Attorney General, the Governor can help to uphold the rule of law and ensure that justice is served impartially.

8.5 The indefinite suspension of the State Attorney General has therefore raised serious concerns among the citizens of the State. This action by the Governor has sparked a debate on the implications it may have on the rule of law. As responsible citizens, it is imperative that we condemn this suspension and call for a transparent and fair resolution to the situation. This action sets a dangerous precedent and raises questions about the government’s commitment to upholding the principles of democracy and the rule of law.

8.6 As well-meaning Nigerians, we must speak out against this suspension and demand accountability from the government. It is essential that we uphold the principles of justice and fairness, and ensure that all individuals, regardless of their position, are treated with respect and dignity. The suspension of the State Attorney General undermines the credibility of the legal system and erodes public trust in the government.

8.7 The indefinite suspension of the State Attorney General sends a chilling message to other public officials and members of the legal profession. It creates a climate of fear and uncertainty, where individuals may be hesitant to speak out against injustice or challenge the government’s actions. This is detrimental to the functioning of a democratic society and threatens the rights and freedoms of all citizens.

8.8 It is therefore imperative for the Nigerian Bar Association and the Body of Benchers and all stakeholders to take proactive steps to protect the office of the State Attorney General. The Nigerian Bar Association and the Body of Benchers have a duty to ensure that the Attorney General is able to operate independently and in accordance with the principles of justice and fairness.

9.0 CONCLUSION

9.1 The indefinite suspension of the State Attorney General by the Governor for joining a suit against anti-graft agencies raises important questions about the balance of constitutional powers and exercise of constitutional assigned responsibilities of the office of the State Attorney General. This action by the Governor sets a dangerous precedent for the office of the Attorney General and the ability of State officials to carry out their duties without fear of reprisal.

10.2 The State Attorney General has a duty to uphold the law and represent the interests of the state, even if it means challenging the actions of other government agencies. By suspending the Attorney General for simply doing his job, the Governor is undermining the principles of checks and balances that are essential to a functioning democracy.

10.3 Furthermore, the Governor’s action conveys a frightening signal to other State officials who may become hesitant to challenge the status quo or speak out against administrative malfeasance and illegalities. This kind of intimidation and retaliation has no place in a democratic society and threatens the very foundations of our legal system. It is imperative that we uphold the principles of the rule of law, even when it is politically inconvenient or unpopular. The suspension of the State Attorney General is a troubling development that should be met with widespread condemnation and calls for accountability.

10.4 On the whole, it is submitted that the indefinite suspension of the State Attorney General by the Governor of Benue State is a clear violation of the principles of democracy and the rule of law. It is essential that we stand up against this kind of abuse of power and ensure that our government officials are held accountable for their actions. Only by upholding the principles of justice and fairness can we truly protect the integrity of our legal system and safeguard the rights of all citizens.

SIGNED
CONCERNED LAWYERS FOR JUSTICE AND DEFENCE OF THE RULE OF LAW AND DEMOCRACY

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