In a recent ruling, the Benue State High
Court has prohibited the Benue State Government from investigating the
administration of former Governor Chief Samuel Ortom. This decision follows the
state's establishment of a commission of inquiry to examine the funds (income
and expenditure) of the Benue State Government during Ortom's tenure from May
29, 2015, to May 28, 2023.
The court's order suspends the panel's
activities until a motion filed by Ortom is heard and resolved. Justice T. T.
Asua issued the order, responding to a motion ex-parte that requested the
court's permission to prevent the Benue State income and expenditure commission
of inquiry from proceeding with its investigation based on the terms outlined in
the Benue State of Nigeria Gazette No. 17, Vol. 49 of February 27, 2024.
Chief Ortom's legal representative, Oba
Maduabuchi, SAN, argued that the Auditor General, as empowered by the 1999
Constitution (as amended), had already conducted a thorough investigation,
audit, and certification of the state's finances. The Auditor General's
findings were submitted to and acted upon by the Benue State House of Assembly.
Maduabuchi highlighted that the issues
listed in the commission's terms of reference had been previously investigated
and documented by the Auditor General, with the reports published in various
Benue State Gazettes. He contended that the Governor of Benue State does not
have the authority to establish the commission, and the commission itself lacks
the jurisdiction to re-investigate these matters. He described the governor's
actions as an abuse of office and a vendetta.
After considering these arguments, Justice
Asua granted the motion, recognizing that Ortom's application demonstrated
sufficient interest to justify the court's intervention. The judge scheduled a
hearing for the motion on notice within 14 days and instructed the commission
of inquiry to cease all activities related to the investigation until the
motion is resolved.
This development puts a temporary hold on the inquiry into Ortom's administration, pending further judicial review.
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