Ortom loses bid to stop probe of his administration

Date:

From Uche Nnorom, Makurdi

A Makurdi High Court presided by Justice Tertsea Asue, has dismissed the two applications by ex Gov Samuel Ortom challenging the Benue State Government from probing the finances of his administration.
Our correspondent reported that Gov Hyacinth Alia had constituted two commissions of inquiry to investigate his predecessor.
Irked by the decision to probe him, Ortom dragged the Benue State Government, Attorney General and all members of the Commission of Inquiry before the court challenging their competence to check the finances of his administration.
It would be recalled that Gov Alia in February, 2024 set up two separate panels to probe the management of the State’s finances and assets under the immediate past administration of Chief Ortom.
Chief Ortom in his suit stated that the Auditor General of the State who is mandated by the provisions of the 1999 Constitution has already audited the accounts of the state, amongst other reasons.
He said the period (2015-2023) under review was audited and report submitted to the Benue State House of Assembly by the Auditor General was accordingly acted upon as required by the provisions of the 1999 Constitution.
Ortom also argued that, the same issues were before the Economic and Financial Crimes Commission (EFCC) so it was wrong to set up another probe panel 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.
In his ruling on an originating motion and an application for extension of time instituted by counsel to Ortom, Maduabuchi Uba SAN, the court presided by Justice Tertsea Asue dismissed both applications for lack of merit.
Asue averred that the applicant’s case was status- barred adding that the applicant also failed to seek the leave of court before filing the originating motion which seeks to bring his suit before the court
He maintained that there was nothing in the Public Officers Protection Law or the rules of court that provided for extension of time to file an action out of time
He said both actions did not follow the required due process of law.
He said the first respondent, which is Gov Alia, signed the gazette and constituted a commission of inquiry on February 27 however, the applicant filed his case on 31st May which was clearly out of time.
He said the applicant by his showing, showed that he considered that he filed his case out of time hence the motion for request for extension time to file the notice on motion.

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