Politics
Court Dismisses Ortom’s Appeal Request On Ex Parte Order
Court Dismisses Ortom’s Appeal Request On Ex Parte Order....KINDLY READ THE FULL STORY HERE▶
A Makurdi High Court, presided over by Justice Tertsea Asue, declined an application on Monday by former Benue governor Samuel Ortom to appeal against its earlier ruling. The court had previously dismissed Ortom’s ex parte motion seeking to halt Governor Hyacinth Alia’s investigation into him. Additionally, the court rejected an interlocutory injunction by Ortom for a stay of proceedings pending the determination of the main case…….. CONTINUE READING
The case was scheduled for a hearing of the motion on notice for the substantive suit. Oba Maduabuchi, Senior Advocate of Nigeria (SAN) and counsel to Ortom, applied for leave to appeal the ruling that vacated the order and motion to stay further proceedings.
Mohammed Ndarani, SAN, representing the 7th, 8th, and 9th respondents, opposed the application, arguing that there was no valid case before the court to warrant an appeal. He emphasized that the issue of jurisdiction was crucial, citing legal precedents where jurisdictional challenges take precedence over other proceedings.
Ndarani further argued against extending the time for judicial review, asserting that such extensions were inappropriate under the circumstances. Fidelis Mnyim, the State Attorney General and 3rd respondent, echoed similar sentiments, stating that Ortom had failed to move the motion on notice and that the applications were not properly served.
In a bench ruling, the court sided with the respondents’ arguments, directing Ortom to proceed with his application seeking leave for an extension of time to file for judicial review. The case was adjourned to July 30, 2024, for further consideration of Ortom’s application.
Ortom had initially challenged the competence of the state government, Attorney General, and members of the commission of inquiry investigating his administration’s financial management. Governor Alia had established two separate panels in February to probe these matters, prompting Ortom to contest their jurisdiction and necessity, citing prior audits and investigations by constitutional bodies and agencies like the EFCC.
The court’s decision underscores ongoing legal disputes surrounding governmental accountability and investigative procedures in Benue State.
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