Appeal Court Reinstates Samuel Ortom’s Suit against Governor Alia’s Probe Panel

George Okoh in Makurdi

The Court of Appeal, Makurdi Division, yesterday, set aside the ruling of the Benue State High Court, striking out the suit filed by the immediate past governor of Benue State, Chief Samuel Ortom, against a probe panel set up by Governor Hyacinth Alia.

In February 2024, Alia had set up two separate panels to probe the management of the state’s finances and assets under Ortom.

But in response to the probe panels, Ortom filed a suit, challenging their legality on the grounds that, the Auditor General of the state had already audited the accounts of the state within the period (2015-2023) under review.

He added that the auditor-general had equally submitted the report to the State House of Assembly, which accordingly acted on the report as required in line with provisions of the 1999 Constitution.

Joined in the suit was the governor of Benue State, the Chairman of the Income and Expenditure Commission, Justice Taiwo Taiwo and 11 others. 

Ortom argued that, having reported the situation of finances of Benue State for the period of 2015-2023 to the Economic and Financial Crimes Commission, EFCC, it was wrong for the Alia administration to set up the probe panels to investigate finances of Benue State within the same period as it would amount to double investigation of the same issues by two different bodies.

Ortom filed a motion for extension of time to regularise his processes, which was opposed by all the respondents in the suit.

In his ruling on July 30th, 2024, Justice T.T. Asua declined to grant Ortom’s application and went on to dismiss the suit, saying the matter was filed out of time. 

Dissatisfied by the ruling, Chief Ortom through his counsel, Oba Maduabuchi, SAN, John Ioryina and others, approached the Court of Appeal, praying the court to set aside the ruling of the Benue State High Court, among other reliefs. 

In his response, counsel to the Governor of Benue State, Matthew Burkaa, SAN, argued that Ortom’s appeal lacked specific grounds and claimed that the High Court’s dismissal was justified, as Ortom’s case was filed outside the permitted time frame under the Benue High Court Rules and Public Officers Protection Law.

Counsel to the other respondents agreed with Burkaa’s submission. 

Ortom’s lead counsel, Oba Maduabuchi, SAN, argued that the Public Officers Protection Law, cited by the High Court, did not apply to cases of judicial review, such as Ortom’s.

In a unanimous decision, the three-man panel of Justices led by Justice Biobele Abraham Georgewill, set aside the ruling of the Makurdi High Court dismissing the suit filed by Chief Ortom, who was challenging the income and Expenditure Commission, set up by Governor Hyacinth Alia. 

The appellate court restored Ortom’s suit on the cause list to be heard and determined on its merit.

The Court of Appeal also granted the motion filed by Ortom extending time for him to file his case out of time, and ordered that the suit be returned to the Chief Judge of Benue State to re-assign it to a judge other than Hon Justice T. T. Asua, to be heard and determined on merit.