by HENRY IYORKASE, MAKURDI
Former Governor Samuel Ortom of Benue state has lost his appeal, stopping the plan by the state government to investigate his last eight years administration in the state
A Makurdi High Court, presided over by Justice Tertsea Asue, objected to an application by the former governor seeking to appeal against the ruling of same court which dismissed his exparte motion seeking to stop Gov Alia from investigating him.
The court also turned down an interlocutory injunction by the governor for a stay of proceedings on the matter pending the determination of the substantive case before the court
The matter was slated for the hearing of the motion on notice for the substantive suit yesterday.
When the case resumed, counsel for Samuel Ortom, Oba Maduabuchi SAN said they had filed leave for Notice to Appeal the ruling vacating the order and motion for the stay of further proceedings in the case.
He was challenged by respective senior counsel for the respondents especially, counsel for 7th, 8th and 9th respondents, Mohammed Ndarani.
Mohammed had averred that there was no case before the court for the applicant to be discussing about appeal.
He said that, he had filed a motion on Notice challenging the jurisdictional competence of the court to entertain the matter.
He averred that where the issue of jurisdiction is raised, same must be given prominence and eminence over and above all other proceedings since it is the life wire of adjudication.
He stated that there were only two exceptions to the principle on jurisdiction citing contempt and where the court is seeking to correct an order that was wrongly made for want of jurisdiction.
He cited several authorities and said the option open to the court was to consider the Applicant’s Motion for Leave to file judicial review and the respective notices of preliminary objection raised by the respondents.
In a bench ruling, the court upheld the submission of respondents’ Counsel and ordered that, the applicant move his application seeking for leave and extension to file the judicial review.
Applicant moved his motion for leave and in opposition, all respondents’ counsel raised several objections in counter.
In his arguments, the third respondent, Barr Fidelis Mnyim, who is also the State Attorney General, said the plaintiff had no case before the court following their inability to move for the motion on notice.
Mnyim said the two applications were yet to be served on him adding that there was no suit before the court and it should be struck out.
The court adjourned to the 30th day of July, 2024 to determine the propriety or otherwise of the applicant’s application.
Our correspondent reports that the ex governor had 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.
Recall 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.