Ex parte Order: Court Rejects Ortom’s Application For Leave To Appeal

Samuel Ortom

Justice Tertsea Asue of Makurdi High Court has declined to grant an application by the immediate past governor of Benue, Samuel Ortom seeking to appeal against its ruling.

The court on Monday, dismissed his ex parte motion seeking to stop Gov. Hyacinth Alia from investigating him.

The court also turned down an interlocutory injunction by the ex-governor for a stay of proceedings on the matter, pending the determination of the substantive case before the court.

The matter was slated for hearing of the motion on notice for the substantive suit.

Oba Maduabuchi, a Senior Advocate of Nigeria (SAN) and counsel to Otorm filed for leave of notice to appeal the ruling that vacated the order and motion for the stay of further proceedings in the case.

Mohammed Ndarani, SAN, counsel to the 7th, 8th and 9th respondents challenged the application on the ground that there was no case before the court to warrant application for appeal.

He said that he filed a motion on notice challenging the jurisdiction of the court to entertain the matter.

“Where the issue of jurisdiction is raised, same must be given prominence and eminence over and above all other proceedings since it is the live wire of adjudication,’’ he said.

He argued 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 said the only option open to the court was to consider the applicant’s motion for leave to file for judicial review and the respective notices of preliminary objection raised by the respondents.

He argued that the plaintiff’s action was contrary to the acceptable legal standards.

He, therefore, prayed the court to dismiss the application for extension of time to file for judicial review as the time could not be extended in the circumstance.

In his argument, the 3rd respondent, Fidelis Mnyim, who is also the State Attorney General, said the plaintiff had no case before the court following his inability to move 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 so, it should be struck out.

In a bench ruling, the court upheld the submission of the respondents’ counsel and ordered that the applicant move his application seeking for leave for extension of time to file for judicial review.

The court subsequently adjourned to July 30, 2024 to determine the propriety or otherwise of the applicant’s application.

The News Agency of Nigeria (NAN) recalls that Ortom had dragged the 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.

Alia had in February, set up two separate panels to probe the management of the state’s finances and assets under the immediate past administration of Ortom.

Ortom had argued 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, among other reasons.

He said the period under review was audited and the report submitted to the Benue State House of Assembly 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).

He said that it was wrong to set up another probe panel to investigate finances of the state within the same period, as it would amount to double investigation of the same issues by two different bodies. (NAN)