A Benue State High Court on Wednesday issued a restraining order against a Commission of Inquiry established by the state government, halting its activities until a motion filed by the immediate past governor, Samuel Ortom, is resolved.
The current Governor of Benue State, Rev Fr Hyacinth Alia, recently inaugurated two judicial commissions to examine the state’s financial transactions from May 29, 2015, to May 28, 2023. These commissions were tasked with investigating the income and expenditure during Ortom’s tenure.
In response, Justice T.T. Asua ruled on a motion ex-parte seeking permission for a prerogative writ of Prohibition, preventing the commission from proceeding with its investigation. The motion specifically targeted the commission’s activities outlined in paragraph 3(a)-(o) of the Benue State of Nigeria Gazette No. 17, Vol. 49, dated February 27, 2024.
Oba Maduabuchi, SAN, representing Samuel Ortom, argued that under the 1999 Constitution (as amended), the Auditor General possesses the authority to investigate and audit the state’s finances. Maduabuchi contended that the Auditor General had already completed this task, submitting reports to the Benue State House of Assembly as mandated by the constitution.
Maduabuchi emphasized that the House of Assembly had reviewed the Auditor General’s reports, which addressed all the issues listed in the commission’s terms of reference. These reports had been documented in various state gazettes, making them publicly accessible.
Given these circumstances, Maduabuchi asserted that the Governor of Benue State lacked the legal authority to establish the Income and Expenditure Commission. He described the commission’s formation as an overreach and an act of political retribution.
In granting the motion, Justice T.T. Asua noted that Ortom had demonstrated sufficient interest in the matter to justify the court’s intervention. The judge ordered that the motion on notice be scheduled for a hearing within 14 days, as per Order 40, Rule 5(4) of the court’s rules. Until then, the commission is prohibited from taking any further action related to the inquiry.
