A Benue State High Court has restrained the Benue State Government from investigating the administration of former Governor Chief Samuel Ortom.
The court order halts the activities of a commission of inquiry recently set up by the Benue State Government to examine the state’s income and expenditure from May 29, 2015, to May 28, 2023, covering Ortom’s tenure.
Justice T. T. Asua issued the order while ruling on a motion ex-parte filed by former Governor Ortom.
The order prevents the panel from proceeding until the hearing and determination of a motion on notice.
Counsel to Chief Ortom, Oba Maduabuchi, SAN, argued that the Auditor General of Benue State, empowered by the 1999 Constitution (as amended), had already investigated and certified the state’s finances.
He stated that the Auditor General’s reports had been submitted to and acted upon by the Benue State House of Assembly.
Maduabuchi contended that the terms of reference outlined in the Benue State Gazette No. 17, Vol. 49 of February 27, 2024, had already been addressed by the Auditor General.
He argued that the Governor of Benue State lacks the authority to establish the income and expenditure commission and that the commission lacks the jurisdiction to investigate these matters, rendering the governor’s actions an abuse of office.
After considering the arguments, Justice Asua granted the motion, indicating that the applicant demonstrated sufficient interest in the matter to warrant the leave sought.
The court ordered that the motion on notice be scheduled for hearing within 14 days, pursuant to Order 40, Rule 5(4) of the court’s rules.
The commission of inquiry has been restrained from taking any further action on the matter until the motion on notice is heard and determined.
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