A Makurdi High Court, led by Justice Tertsea Asue, has denied former Benue governor Samuel Ortom’s application for permission to appeal a previous ruling.
The ruling in question dismissed Ortom’s ex parte motion aimed at preventing Governor Hyacinth Alia from investigating him.
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The court also refused Ortom’s request for an interlocutory injunction to halt proceedings until the main case is resolved.
The case proceeded with the hearing of a motion on notice for the substantive suit.
Ortom’s counsel, Oba Maduabuchi, SAN, filed for leave to appeal the ruling that lifted the order and sought to stay further proceedings.
However, Mohammed Ndarani, SAN, representing the 7th, 8th, and 9th respondents, opposed this application, arguing that there was no case warranting an appeal.
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He highlighted that the issue of jurisdiction must be prioritized as it is fundamental to the adjudication process.
Ndarani pointed out that jurisdictional challenges take precedence, except in cases of contempt or when correcting an order made without jurisdiction.
He requested the court to address the motion for judicial review and the respondents’ preliminary objections, asserting that the plaintiff’s actions did not meet legal standards.
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The 3rd respondent, State Attorney General Fidelis Mnyim, echoed this stance, noting that Ortom had not served the necessary applications and thus had no case before the court.
Consequently, the court upheld the respondents’ arguments, instructing Ortom to move his application for an extension of time to file for judicial review.
The court has adjourned the matter to July 30, 2024, to deliberate on the legitimacy of Ortom’s application.
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This development follows Ortom’s legal challenge against the state government’s authority to investigate his administration’s finances.
Governor Alia established two panels in February to probe the state’s financial and asset management under Ortom’s tenure.
Ortom contends that the state’s Auditor-General had already audited the accounts and submitted the report to the Benue State House of Assembly, as required by the Constitution.
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He argues that this new investigation constitutes a duplicate effort alongside an ongoing Economic and Financial Crimes Commission (EFCC) inquiry into the same matters.
