A Benue State High Court has barred the Benue State Government from investigating the administration of former Governor Chief Samuel Ortom.
Recalls that the Benue State Government has established a commission of inquiry into the money (revenue and spending) of the Benue State Government from May 29, 2015, to May 28, 2023, to investigate former Governor Ortom’s immediate administration in the state.
The order prohibited the panel from sitting, pending the hearing and determination of the case brought by former Governor Samuel Ortom.
Justice T. T. Asua issued the order while ruling on a motion ex parte seeking leave of the court to issue the prerogative writ of prohibition on the Benue State income and expenditure commission of inquiry from sitting or taking any action in respect of the terms of reference, paragraphs 3(a)-(o), listed in the Benue State of Nigeria Gazette No. 17, Vol. 49 of February 27, 2024, by the Governor of Benue State.
Oba Maduabuchi, SAN, counsel for Chief Ortom, informed the court that the motion is based on the Auditor General’s powers under the 1999 Constitution (as amended) to audit and scrutinise the state’s finances.
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According to Ortom’s counsel, the Auditor General had already investigated, examined, audited, and certified the Benue State Government’s accounts and had presented his reports to the Benue State House of Assembly, as required by the 1999 Constitution (as amended).
He stated that the Benue State House of Assembly acted on the Auditor General’s report, as authorised by the constitution, and that all of the terms of reference listed in paragraph 3(a)-(o) of the Benue State Gazette No. 17, Vol. 49 of February 27, 2024, had already been investigated and probed by the Auditor General, who wrote reports and submitted them to the State Assembly, which acted on them as well.
He added that the Auditor General’s report was published in various Benue State Gazettes, which are public records.
According to Maduabuchi, SAN, in light of the preceding facts, the Governor of Benue State lacks the authority to form the Income and Expenditure Commission. The commission lacks the jurisdiction to sit and investigate matters listed in the gazette, and the governor’s action constitutes a gross abuse of office and vendetta.
After listening to Maduabuchi, SAN, Justice T. T. Asua granted the motion as requested.
He remarked that the applicant had demonstrated sufficient interest in the case to support the award of the requested leave.
He also stated that the motion on notice must be entered for hearing within 14 days of the grant of leave, by Order 40, Rule 5(4) of the Rules of Court, and that the commission of inquiry is prohibited from taking or proceeding with the matter to which the application relates until the motion on notice is heard and determined.
cc: Vanguard Ng
