Appeal Court upholds Ortom’s bid to stop probe of his administration

The Court of Appeal in Makurdi, Benue State, has set aside a ruling of the Benue State High Court, striking out a suit filed by former Governor Samuel Ortom, against the probe panel set up by Governor Hyacinth Alia.

Governor Alia had set up two separate panels to probe the management of the state’s finances and assets under Ortom.

But Ortom had challenged the legality of the probe panels on the grounds that the Auditor-General already audited the accounts within the period (2015-2023) under review, and had submitted the report to the House of Assembly which acted on the report as required in line with the 1999 Constitution.

Joined in the suit were Governor Alia, Chairman of the Income and Expenditure Commission, Justice Taiwo Taiwo and 11 others.

Ortom also argued that having reported the situation of the state’s finances from 2015-2023 to the Economic and Financial Crimes Commission (EFCC), it was wrong for the Alia administration to set up probe panels to investigate same. He thus filed a motion for extension of time to regularise his processes, which was opposed by all respondents in the suit.

Justice T.T. Asua in his July 30 ruling declined Ortom’s application and went on to dismiss the suit, saying the matter was filed out of time.

But Ortom, through his counsels, Oba Maduabuchi (SAN), John Ioryina and others, approached the Court of Appeal, praying the court to set aside the ruling, among other reliefs.

However, lawyer to the governor, Matthew Burkaa (SAN), argued that Ortom’s appeal lacked specific grounds, and claimed that the High Court’s dismissal was justified, as Ortom’s case was filed outside the permitted time frame under the Benue High Court Rules and Public Officers Protection Law.

But Ortom’s lawyer, Maduabuchi argued 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 Georgewill set aside the ruling of the Makurdi High Court dismissing the suit filed by Ortom.

The appellate court also restored Ortom’s suit on the cause list to be heard and determined on its merit. It then granted the motion filed by Ortom extending time for him to file his case out of time, and ordered that the suit be returned to the Chief Judge of Benue State to re-assign it to a judge other than Justice Asua, to be heard and determined on merit.