How Ortom’s appropriation of govt vehicles is rumbling Benue political space

• Ambulance, press corps bus inclusive

By Uche Nnorom

The Benue political ambience has continued to be beset with controversies. No week passes bye without one issue or another upsetting the polity.

One of such is the current tussle between the Governor C and local government chairmen who have adamantly refused to heed to directive to proceed on suspension pending conclusion of investigation into their finances. At the moment, the matter which bothers on contempt of court  is before the State High Court awaiting judgement.

Recall that on May 26th, 2023, the 23 local government chairmen had approached the Industrial Court in Makurdi and got injunction restraining the State Government or any agent of Governemt from suspending or sacking them until the expiration of their tenure in June 2024. However, the State Government through the State Assembly initiated a  suspension and ordered the chairmen to  hand over immediately to Directors, General Services and Administration, DGSAs.

Feigning ignorance of any subsisting Court order, the Government insisted that the chairmen remained suspended even though they had adamantly refused to vacate office. What followed was the detention of four (4) local government chairmen of Guma Michael Uba who doubles as State Chairman, Association of Local Government of Nigeria, ALGON,  James Oche (Ado), Alfred Atera (Katsina-Ala) and 82 year old Mrs. Veronica Gajir (Ushongo).

Reacting to this uncanny development, the Peoples Democratic Party, PDP, Benue State Chapter had  accused Governor, Hyacinth Alia of continued draconian actions since he assumed office, especially the arrest and incarceration of Executive Chairmen of four local government areas of the state.

Publicity Secretary of the party, Bemgba Iortyom, at a press briefing on Thursday 6th June,2023 held at its Secretariat in Makurdi, called on Departmemt  of State Security, DSS, to release with immediate effect the four council chairmen in their custody, among whom is a woman in her 80s, the Ushongo Council Chairman, whose only offence has been to answer the call to duty to serve her people in her old age, service she has been rendering with uncommon competence, and the other chairmen of Guma, Katsina-Ala and Ado, who likewise have committed no crime.

He alleged that part of the plot being hatched by Governor Alia through the DSS might be to get the council chairmen to withdraw all court processes they had initiated to safeguard themselves and their offices, warming the governor, his cronies and the DSS that such antics are not only low but won’t see the light of day, as they will initiate more legal actions against the governor and his agents should they continue on this path of what they called lawlessness and vengeance.

‘We call on the DSS to beware of its professional image and steer clear of Governor Alia’s desire to perpetrate impunity and foist an order of lawlessness on the state.

“The 23 Council Chairmen in Benue State were elected on the platform of the Peoples Democratic Party (PDP) at the April 30, 2022 local council elections conducted by the Benue State Independent Electoral Commission (BSIEC), and they were sworn into office on June 29, 2022 to a definite tenure of 2 years as enshrined in the Local Government Establishment Law of the state: that tenure expires on June 28, 2024.

‘Following a suit brought by the council chairmen before the National Industrial Court holden at Makurdi, praying the same court to guarantee their tenure of office against unlawful dissolution by the state government, Hon. Justice (Dr.) I. J. Essien, the Presiding Judge of the Court, had on June 15, 2023 given a judgement which held severally and in the final paragraph that:

“AN ORDER OF PERPETUAL INJUNCTION is hereby made restraining the defendants (Benue State Government), by themselves, agents, successors or privies, from dissolving the claimants’ elected councils or suspending the claimants (23 elected local  from office before the expiration of their tenures, or from interfering with the functions, operations, rights, privileges or entitlements of the claimants’ councils in the manner complained of in the suit.

“It is in the face of the obvious tide of legality flowing in the favour of the council chairmen that the Benue State Governor has panicked and resorted to the draconian arm-twisting tactic of having them arrested and incarcerated unlawfully by the DSS.

“Governor Alia has shown himself a man inclined to lawlessness and duplicity both by his words and action, and within less than two months of his being in power he can be seen to have his sights and mindset not on governance but on vengeance against his enemies whom he has designated as anything that is related directly or remotely to the Ortom administration.

Miffed by the allegations against him, Governor Alia said he never ordered for the  arrest or detention Of LG chairmen.

Alia through his Chief Press Secretary, Kula Tersoo, who made the rebutal on Thursday, July 06, 2023, while fielding questions from newsmen in his office at Benue State Government House, Makurdi.

said he was hearing such for the first time, insisting that the governor was equally not aware and has not ordered for the arrest and detention of any Chairman.

On the eviction of the former chief detail to the immediate past governor of the state from the quarters of the Benue State Government House, the CPS wondered why an appointee of the outgone administration will still be insisting on staying in Government House, while the new governor also has staff to provide accommodation for.

He expressed dismay with the PDP for accusing Governor Alia of trying to suppress the opposition, saying the stay of the former chief detail at the government quarters was suspicious, especially as he was occupying the quarters illegally, insisting that those assigned the quarters by the new administration, did nothing out of place telling him to vacate the place for them to occupy.

On the position of the government concerning the local government council chairmen, the Chief Press Secretary said, the governor already recognises the DGSAs as the new heads of the local government areas, since the council chairmen remain suspended, pending the outcome of the investigation being carried out by the Benue State House of Assembly.

While the debacle between the Governor and local government chairmen raged on, another monster reared its ugly head. The raid on the automobile company owned by immediate past Governor Samuel Ortom.

It should be noted that towards the twilight of his administration, Ortom had secured an Executive order granting him and his deputy Benson Abounu right to go with vehicles.

Findings indicate that Ortom took away 29 vehicles including an ambulance and Press crew vehicle.

Bothered by this and on assumption of office, Governor Alia constituted an asset Committee on June 11th 2023 headed by Hingah Biem, a retired Permanent Secretary in the State. The Committee was given a mandate to ascertain and recover all property, furniture,lands, vehicles, houses, and

other machinery belonging to government

This action did not go down well with Ortom who quickly instituted a suit against Alia and Benue State Government.

The suit is seeking the determination of court whether  property legitimately allocated to them as entitlements and remuneration can still be considered as state government assets.

Also joined in the suit is the chairman of the committee Mr Hingah Biem (for himself and on behalf of members of Assets Recovery Committee) as first, second and third defendants respectively.

In Suit No: MHC/199/2023, former Governor Ortom and Engr Abounu are seeking a determination of court whether or not by the combined effect of sections 5(2), 44, 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the executive actions and decisions of the governor and Government of Benue State taken by  Ortom and Engr Abounu and the State Executive Council, in good faith before May 29th, 2023, were valid.

The Plaintiffs are also seeking a determination of court whether or not the Governor of Benue State is not bound by the constitutional approvals made by his predecessor.

The Plaintiffs further seek a determination of court whether the Assets Recovery Committee set up by the present Governor of Benue State and headed by Hingah Biem has power to interfere with their rights to own property vested on them by the Benue State Government at all material times or without following due process.

The Plaintiffs are seeking the following reliefs:

A declaration that by the combined effect of sections 5(2), 44,318(1) of the 1999 Constitution, the executive actions and decisions of the 1st and 2nd defendants taken by the plaintiffs and the State Executive Council, in good faith before 29/05/2023 were valid.

A declaration that the Governor of Benue State is bound by the constitutional approvals made by his predecessor (the 1st plaintiff) acting with the State Executive Council.

A declaration that title in former government property duly transferred and vested in private citizens, including the plaintiffs for service to the State or as part of their entitlements/remuneration cannot still be considered as government property after the date of transfer of the title.

The plaintiffs further seek a declaration that the Assets Recovery Committee set up by the Governor of Benue State and headed by Hingah Biem has no power to interfere with their rights to own property legitimately vested on them by the Benue State Government at all material times at all or without following due process.

They are also seeking an Order of injunction restraining the defendants, by themselves, agents, successors or privies, from violating the plaintiffs’ individual and collective rights to own property validly vested on them by the Benue State Government.

A date was not fixed for hearing as the matter a the moment has not been assigned to any judge.

Perhaps, leaning on this, the Biem Committee on 11th July, 2023, raided the automobile company accompanied by security agencies and towed away 29 vehicles.

This action has generated a lot of hitted arguments and debates in the Food Basket State of the Nation.

The PDP reacting to the  develooment, in a press statement on 11th July, 2023 signed by its State Publicity Secretary Bemgba Iortyom entitled GOV. ALIA’S RAID ON EX-GOV. ORTOM’S PRIVATE BUSINESS A WITCH-HUNT TAKEN TOO FAR, described it as the naked showing of tyranny and vendetta by Governor Hyacinth Alia against his predecessor, Ex-Governor Samuel Ortom.

PDP also, noted that this is yet another manifestation of disregard for the rule of law by the Benue State Governor, considering there is a subsisting court order barring his government from tampering with the assets of the former governor, specifically motor vehicles.

Hear him,”it is the party’s further observation that while the governor is completely disconnected from the security and good governance of the state, he has devoted all of his time and energies to pursuing a witch-hunt against his predecessor.

“Our great party admonishes Governor Alia to retrace his steps from the time-consuming pursuit of vendetta against Ortom and focus on delivering on his campaign promises which he seem to have so soon forgotten about.

PDP reminded the governor of his promises to return IDPs to their homes and clear salary and pensions arrears to workers in his first 100 days in office, noting that he is yet to take a single step towards fulfilling those promises after close to two months in office.

The party is confident that, as in the cases of the local government councils and the earlier attempt to seize former Governor Ortom’s assets gotten through hard work, Governor will fall to the rule of law which is superior to his primitive tyranny and impunity.

In a similar vein, former media aide to Ortom Terver Akase in his statement entitled

‘BENUE STATE GOVERNMENT’S UNJUSTIFIED HARASSMENT OF ORTOM’said the incident took place at a commercial workshop operated by London Lines Transport Ltd along Otukpo road in Makurdi where Ortom’s vehicles among vehicles owned by other people undergoing repairs were towed away after members of the Assets Recovery Committee, acting on the directives of Governor Hyacinth Alia had forced their way into the workshop.

‘We are shocked beyond belief at the development which smacks of lawlessness. The media show that followed the incident indicated that the present administration in the state is out to torment, persecute and humiliate the former Governor using every unconventional means.

“As we previously stated, the Benue State Executive Council during the last administration, gave approval that Governor Ortom, his Deputy and appointees of that administration should leave with their official vehicles. The invasion of a workshop today by members of the Assets Recovery Committee led by one Barrister Tom Uja who were accompanied by security operatives from Government House to tow away vehicles, many of which do not belong to the former Governor, was the height of illegality.

‘When the present Governor set up the Assets Recovery Committee and they made Chief Ortom a target, he approached the court and the matter is still in court.

His Excellency Ortom is not the first former Governor to vacate office with the official vehicles allocated to him. His predecessors, former judicial officers, legislators such as the Chief of Staff to the present Governor, Paul Biam, the Assets Recovery Committee Chairman, Hinga Biem and other members of the committee who served in government at different times all left with the official vehicles given to them.

“Chief Ortom is a law abiding man who served the state as Governor and has not committed any offense deserving the persecution that the present administration has subjected him to. He will continue to respect the rule of law even in the face of the latest provocation.

Responding to Bemgba and Akase, Governor Alia through his Chief Press Secretary,  Kula Tersoo, in a statement entitled

‘THOSE WHO ARE NOT WITCHES SHOULD NOT BE SCARED OF A “WITCH-HUNT’ stated that his boss is not out to witch-hunt his predeccesor.

He however, maintained that the discovery and retrieval of more Benue assets currently in wrong hands, will provide the right ground for accountability in the Alia led administration in the state.

Kula recalled that at the inauguration of the Assets Recovery Committee headed by a retired Permanent Secretary, Hingah Biem on June 22nd, 2023, the Governor had charged the committee not to witch hunt anyone, but to stop at nothing to legitimately recover all lands, vehicles, houses, furniture and other machines wrongly taken away, sold and kept in wrong hands.

“Ortom was not and has never been the target, as his aide and the Publicity Secretary of his party would want the unsuspecting mass of Benue people to falsely believe in a bid to curry undue public sympathy.

‘The discovery and recovery of numerous vehicles at a private building within the state capital by the committee is an indication that they have truly swung into action.

‘In fact, all patriotic Benue citizens should be happy, and must commend the Committee for daring to carry out the assignment given to them by the government without fear or favour, operating strictly in line and within the remit of their terms of reference.

‘Ortom and the PDP must be reminded that a committee of this nature is NOT alien to Benue State.

“Ortom had set up and supervised similar committees, shortly after he was sworn into office in 2015. Government assets were allegedly recovered from certain individuals at the time, including from his predecessor, Sen. Gabriel Suswam.

“Should we now say the Ortom led administration was equally on a mission to harass or witch hunt his predecessor?

“Sadly, to desperately defend callousness, Mr. Akase has, in his official statement described the building where the vehicles were recovered as “a commercial automobile workshop operated by London Lines Transport Ltd,”  while Mr. Bemgba on the other hand, in his official statement for the party stated that, the place is “a private automobile workshop owned by Ortom’s business concern, Oracle Business Ltd.” I truly sympathise with them here. This is a clear case of double-speak and a feeble depiction of desperation to defend the indefensible.

“The questions begging for answers are: who truly owns the automobile workshop? Is London Line Transport Ltd a sister or cousin enterprise to Oracle Business Ltd?

“Does former governor Ortom own both companies? Can we see papers apportioning proprietary rights to owners of the cars taken from the workshop?

“But one thing is sure. Benue people were surprised to see the number of cars recovered at a property belonging to someone they once held in trust”,the Governor’s spokesman said.

While this drama rages on,  members of the public are divided over the development.

A resident Patrick Agbo accuse the past Governor of primitive accumulation of wealth, saying”what is he going to do all these vehicles. He owed several arrears of salaries including pensions and gratuities and still has the conscience to do this.

Another, Andrew Iorpuu said, “two wrongs cannot make a right. We know Ortom set this precedent that is now haunting him, but invading his private business in that manner was not right more so that the matter was already in court.

Meanwhile,the management of London Line Transport Company Ltd on Monday 17th July,2023 wrote a petition to the Governor of Benue State, Hyacinth Alia, over the invasion of its premises by the Assets Recovery Committee set up by the state government.

The company is demanding for return of 32 vehicles towed away from its garage and other general damages to a whopping sum of N5 billion.

It will be recalled that members of Benue State Assets Recovery Committee on July 11, 2023, invaded the premises of London Line along Otukpo Road, Makurdi and Carted away vehicles which they claimed were government vehicles that were taken away by the immediate past Governor of the state, Samuel Ortom.

In the petition to Governor Alia dated July 14, 2023, signed by the Chief Executive Officer of London Line Transport Ltd, Chief Emmanual Viashima, and made available to press men, the company stated that  officials of the committee led by Barr Tom Uja, forcefully broke into their premises, took stock of vehicles and carted them away.

The letter which was addressed to the governor was also copied to the Federal Competition and Consumer Protection Commission, FCCPC, National Human Rights Commission, the Inspector General of Police, Commissioner of Police, Benue State Command, President, Nigerian Bar Association, Abuja, Chairman, Nigerian Bar Association, Makurdi, Secretary to the Benue State Government, Chairman, Assets Recovery Committee, and the Tor Tiv, lamented that the committee members harassed alarmed workers who had started recording the invasion and seized some of their phones which were later returned.

Chief Viashima continued that upon been informed of the development, he rushed to the scene to make sense out of the entire chaotic scenario and to his utter disbelief, he was locked out of the premises and refused entry.

Shocked by the action of the committee, he quickly reached out to  his Landlords and lawyers who later arrived the scene, gained entry and upon enquiry, they were informed that there was a search warrant issued for the Committee to impound any Hilux, Prado and GAC brand of vehicles as well as any Bus found within the premises.

He revealed that his lawyers  raised issues on the Gestapo invasion against the practice and procedure of executing Search Warrants which demands a search of the officers seeking to carry out the search to forestall planting of incriminating exhibits.

The CEO said inspite of the fact that the purported search warrant was patently, latently and inherently defective as it was not directed towards any named person or entity on the face of the said document which made its authenticity contestable, his team rendered all forms of assistance to ensure that there was minimal rancour.

According to Chief Viashima, in spite of the information by his team to the Committee that the vehicles belonged to companies and individuals, the Committee mobilized persons to line up the vehicles in a convoy to be videoed, thereby setting up his business for maximum damaging publicity which would impact negatively on the genuine business of the company.

He said since the incident, the social media space and main stream media have been awash with the false impression that vehicles all belonging to the Benue State Government and taken away by former Governor, Samuel

Ortom have been stashed in the company’s premises.

Chief Viashima described as uncalled for, the manner press men and crowd of fierce looking thugs occupied both the main premises and surroundings of the company while the operation lasted.

He drew the attention of Governor Alia to a Facebook post published on Wednesday, July 12, 2023  by Mr Tersoo Kulas, the Chief Press Secretary to the Benue State Governor on the incident where he maliciously posted photos of vehicles parked in premises that are not from the company as those towed away from London Line

business premises.

The CEO of London Line Transport Ltd added that the reading public has feasted on the post with several un-salutary statements impugning and making a caricature of its corporate image.

He further said such pictures have also trended with attendant negative effect on the line of business they do which is essentially to cater for the vehicular needs of the patronizing public without regards to race, religion or political leaning.

Mr Viashima revealed that the company is already experiencing immediate consequences and direct fall out of the negative publicity as a result of the invasion.

Also, contrary to claims by the Asset Recovery Committee that 30 vehicles were towed away from the company’s premises, the CEO gave the number of vehicles forcefully taken away from the company by the committee as 32.

He debunked the claim that all the vehicles carted away as well as the workshop belongs to former Governor Samuel Ortom.

He disclosed that the premises is only owned by his landlords, Oracle Business Ltd but London Line Transport Company Ltd has been

in lawful occupation of the premises on lease where it carries out repairs and refurbishment services for many years to a wide range of clients, including the Benue State Government as records would bear.

He lamented that his wife’s Lexus 250 was terribly destroyed by the Committee in the process of forcibly tying and towing it away and proceeded to  to itemize each of the 32 vehicle carted away, their owners and vehicle particulars.

As these political gladiators fight and the Benue indigenes and residents watch as spectators, the State is bleeding under the heavy weight of underdevelopment.