The Court of Appeal, Makurdi Division, on Thursday set aside the ruling of the Benue State High Court, which dismissed the suit filed by the immediate past governor of Benue State, Samuel Ortom, against the probe panel set up by the state government.
In February 2024, the Benue State government established two panels to probe the management of the state’s finances and assets under Ortom’s administration. Ortom challenged the legality of the panels, arguing that the state Auditor General had already audited the accounts for the period 2015–2023 and submitted the report to the Benue State House of Assembly, which acted on it in accordance with the 1999 Constitution.
Joined as respondents in the suit were Governor Hyacinth Alia, the Chairman of the Income and Expenditure Commission, Justice Taiwo Taiwo, and 11 others. Ortom contended that the investigation by the panels would amount to a double probe since the same issues had been reported to the Economic and Financial Crimes Commission (EFCC).
Ortom filed a motion for an extension of time to regularize his processes, but Justice T.T. Asua of the Benue State High Court declined the application, ruling that the suit was filed out of time and subsequently dismissed it on July 30, 2024.
Dissatisfied with the ruling, Ortom, through his counsels, Oba Maduabuchi, SAN, John Ioryina, and others, appealed to the Court of Appeal, seeking to overturn the High Court’s decision. Counsel to the Governor, Matthew Burkaa, SAN, argued that Ortom’s appeal lacked specific grounds and that the High Court’s decision was justified based on the Benue High Court Rules and the Public Officers Protection Law. Counsel for the other respondents concurred.
Ortom’s lead counsel argued that the Public Officers Protection Law did not apply to cases of judicial review, such as this one.
In a unanimous decision, the three-man panel of justices led by Justice Biobele Abraham Georgewill set aside the High Court’s ruling, restoring Ortom’s suit to the cause list and ordering that it be heard on its merits. The appellate court granted Ortom’s motion for an extension of time to file his case and directed that the suit be reassigned to a different judge in the Benue State High Court, excluding Justice T.T. Asua.