Governor Alia Asks Court of Appeal to Dismiss Ortom

Benue State Governor, Hyacinth Alia, has requested the Makurdi Division of the Court of Appeal to dismiss an appeal filed by former Governor Samuel Ortom.

Ortom’s appeal challenges a Benue State High Court decision that dismissed his case against the establishment of an Income and Expenditures Commission of Inquiry set up by Governor Alia to investigate the state’s finances from May 29, 2015, to May 28, 2023.

At the hearing on Thursday, counsel for the 1st and 2nd respondents, Matthew Burkaa, argued a preliminary objection, questioning the competence of Ortom’s appeal. Burkaa asserted that the issues in Ortom’s brief were not linked to any grounds of appeal.

He also argued that the High Court had rightly dismissed Ortom’s case, as it was filed beyond the timeframe set by the High Court Rules of Benue State and the Public Officers Protection Law of Benue State.

Counsels for the other respondents, including E. N. Agoh (3rd Respondent), Ishaka Dikko, SAN (4th-6th Respondents), Mohammed Ndarani, SAN (7th-9th Respondents), R. O. Adakole (10th-11th Respondents), and Magaji Mato Ibrahim, SAN (12th-13th Respondents), adopted their briefs, supporting the argument that Ortom’s case was legally void and could not be revived.

Representing Ortom, his counsel, Oba Maduabuchi, SAN, argued that the High Court, presided over by Justice T. T. Asua, had erred in dismissing Ortom’s case while ruling on his application to extend time to regularize the suit.

Maduabuchi contended that the Public Officers Protection Law used by the lower court to dismiss the case was inapplicable in this instance, as Ortom’s suit was a judicial review.

At the close of arguments, the panel of three appellate justices, led by Justice Biobele Abraham Georgewill, reserved judgment to a date that will be communicated to all parties.