The Benue State Government is not permitted to investigate the former governor of the state, Chief Samuel Ortom, according to a ruling by the Benue State High Court.
As noted by Obasanjonews.com, the Benue State Government has established a commission to investigate the recent past administration of former Governor Ortom in the state. The commission will look into the funds (revenue and expenditures) of the Benue State Government from May 29, 2015, to May 28, 2023.
The order prevented the panel from meeting while former governor Samuel Ortom’s move on notice was heard and decided.
In making a decision on a motion ex-parte, Justice T. T. Asua granted the court’s prerogative to prohibit the Benue State income and expenditure commission of inquiry from holding meetings or acting in any way regarding the terms of reference, paragraphs 3(a)–(o), which were published by the state governor in the Benue State of Nigeria Gazette No. 17, Vol. 49 of February 27, 2024.
Oba Maduabuchi, SAN, Chief Ortom’s attorney, informed the court that the application’s justification is that the 1999 Constitution (as amended) grants the Auditor General the authority to look into and examine the state’s finances.
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Ortom’s attorney stated that the Auditor General had already, in accordance with the 1999 Constitution (as amended), probed, audited, and certified the accounts of the Benue State Government and had presented his reports to the Benue State House of Assembly.
He said that the Benue State House of Assembly had also taken action on the aforementioned report of the Auditor General, as permitted by the constitution, and that the Auditor General had already looked into and probed all of the topics listed in paragraphs 3(a) through (o) of the Benue State Gazette No. 17, Vol. 49 of February 27, 2024. The Auditor General then wrote reports and submitted them to the State Assembly, which took further action on the matter.
He added that the aforementioned Auditor General report was made public by publication in multiple Benue State Gazettes.
In light of the aforementioned facts, Maduabuchi, SAN claims that the governor of Benue State lacks the authority to form the income and expenditure commission, the commission lacks the authority to convene and look into matters that are listed as items in the gazette, and the governor’s actions amount to a flagrant abuse of power and personal grudge.
Justice T. T. Asua heard Maduabuchi, SAN, and then granted the motion as asked.
According to him, the applicant has demonstrated enough interest in the situation to support granting the requested leave.
He further stated that, in accordance with Order 40, Rule 5(4) of the Rules of the Court, the motion on notice must be entered for hearing within 14 days of the leave being granted. He also prohibited the commission of inquiry from taking any further action regarding the matter to which the application relates until the motion on notice was heard and decided.
