Court rejects Ex-gov Ortom’s suit seeking to restrain Gov. Alia from probing him

From Attah Ede, Makurdi

The Benue High Court sitting in Makurdi, on Tuesday, struck out a suit filed by the former governor, Samuel Ortom, seeking an injunction to restrain the State government led by governor Hyacinth Alia from probing him over the financial incomes and expenditures of his administration from 2015 to 2023.

In his ruling, the presiding judge, Justice Tertsea Asue dismissed the applications of originating motion and an application for extension of time instituted by counsel to Ortom, Maduabuchi Uba SAN for lack of merit.

Justice Asue held that the applicant’s case was status- barred, stressing that the applicant also ignored his right to seek the leave of court before filing the originating motion which seeks to bring his suit before the court

It would be recalled that Gov Hyacinth Alia in February 2024,:constituted two commissions of inquiry to investigate the immediate past administration of former governor Samuel Ortom.

The move by the incumbent governor didn’t go down well with Ortom and he decided to approach the court to challenge the decision of the Benue State Government, Attorney General and all members of the Commission of Inquiry over their competence to check the finances of his administration.

Ex-Governor Ortom in his suit stated that the Auditor General of the State who is mandated by the provisions of the 1999 Constitution has already audited the accounts of the state, amongst other reasons.

He said the period (2015-2023) under review was audited and a report submitted to the Benue State House of Assembly by the Auditor General was accordingly acted upon as required by the provisions of the 1999 Constitution.

Ortom also argued that the same issues were before the Economic and Financial Crimes Commission (EFCC) so it was wrong to set up another probe panel to investigate finances of Benue State within the same period as it would amount to double investigation of the same issues by two different bodies.

But Justice Asue however said that there was nothing in the Public Officers Protection Law or the rules of court that provided for extension of time to file an action out of time

He said both actions did not follow the required due process of law.

He said the first respondent, which is Gov Alia, signed the gazette and constituted a commission of inquiry on February 27 however, the applicant filed his case on 31st May which was clearly out of time.

“The applicant by his actions showed that he considered that he filed his case out of time hence the motion for request for extension time to file the notice on motion

“The Public Officers Protection Law and Rules of the Court did not provide room for extension of time on originating summons”, Asue stated.

In his arguments, the third respondent, Barr Fidelis Mnyim, who is also the State Attorney General, said the plaintiff had no case before the court following their inability to move for the motion on notice.

Mnyim said the two applications were yet to be served on him adding that there was no suit before the court and it should be struck out.

The respondents variously averred that the rules of court were meant to be obeyed and cited decisions of the supreme court to buttress their arguments.

He prayed the court to dismiss the application of the applicant for extension of time to file judicial review as the time could not be extended in the circumstance