From Scholastica Hir, Makurdi
The Court of Appeal, Makurdi Division, on Thursday, set aside the ruling of the Benue State High Court, which had struck out the suit filed by the immediate past governor of Benue State, Chief Samuel Ortom, against the probe panel set up by Governor Hyacinth Alia.
It will be recalled that in February 2024, Governor Alia of Benue State established two separate panels to investigate the management of the state’s finances and assets during the administration of Chief Ortom.
In response to the probe panels, Chief Ortom filed a suit, challenging the legality of the panels. He argued that the Auditor-General of the state had already audited the accounts of the state for the period of 2015-2023 and had submitted the report to the Benue State House of Assembly, which acted on the report as required by the 1999 Constitution.
The governor of Benue State, the Chairman of the Income and Expenditure Commission, Justice Taiwo Taiwo, and 11 others were joined in the suit.
Ortom further contended that since he had reported the financial situation of Benue State for the period of 2015-2023 to the Economic and Financial Crimes Commission (EFCC), it was wrong for the Alia administration to set up separate probe panels to investigate the same period, as it amounted to a double investigation by two different bodies.
Chief Ortom filed a motion for an extension of time to regularize his processes, which was opposed by all the respondents in the suit.
In his ruling on July 30, 2024, Justice T.T. Asua declined to grant Ortom’s application and dismissed the suit, stating that the matter had been filed out of time.
Dissatisfied with the ruling, Ortom, through his counsels, Oba Maduabuchi, SAN, John Ioryina, and others, approached the Court of Appeal, praying the court to set aside the ruling of the Benue State High Court, among other reliefs.
In response, the counsel to the Governor of Benue State, Matthew Burkaa, SAN, argued that Ortom’s appeal lacked specific grounds and that the High Court’s dismissal was justified, as Ortom’s case had been filed outside the permitted time frame under the Benue High Court Rules and Public Officers Protection Law.
Counsel to the other respondents agreed with Burkaa’s submission.
Chief Ortom’s lead counsel, Oba Maduabuchi, SAN, contended that the Public Officers Protection Law, cited by the High Court, did not apply to cases of judicial review, such as Ortom’s.
In a unanimous decision, the three-man panel of Justices, led by Justice Biobele Abraham Georgewill, set aside the ruling of the Makurdi High Court that dismissed the suit filed by Chief Ortom, challenging the Income and Expenditure Commission set up by Governor Hyacinth Alia.
The appellate court restored Ortom’s suit to the cause list to be heard and determined on its merit.
The Court of Appeal also granted Ortom’s motion for an extension of time to file his case out of time and ordered that the suit be returned to the Chief Judge of Benue State to be reassigned to a judge other than Hon. Justice T.T. Asua for hearing and determination on merit.
