On Wednesday, a Benue State High Court ordered the Commission of Inquiry to adjourn until the previous governor, Samuel Ortom, could have his motion heard and decided.
Commencing on May 29, 2015, and ending on May 28, 2023, the State Governor, Rev. Fr. Hyacinth Alia, established two judicial commissions to investigate the finances (income and expenditures) of the Benue State Government.
Judge T. T. Asua made the decision while considering a motion ex parte that asked the court to grant the governor of Benue State permission to issue a prerogative writ prohibiting the commission of inquiry’s income and expenditure commission from meeting or acting in any way regarding the terms of reference, paragraphs 3(a)–(o), which are listed in the Benue State of Nigeria Gazette No.17, Vol.49 of February 27, 2024.
The application’s grounds, according to Oba Maduabuchi, SAN, the immediate past governor’s attorney, were that the 1999 Constitution (as amended) grants the Auditor General the authority to look into and examine the state’s finances.
Ortom’s attorney stated that, in accordance with the 1999 constitution (as amended), the Auditor General had already looked into, probed, audited, and certified the accounts of the Benue State Government. He had also submitted his reports to the Benue State House of Assembly.
He said that all of the terms of reference listed in paragraph 3(a)-(o) of the Benue State Gazette No. 17, Vol. 49 of February 27, 2024, had already been investigated and probed by the Auditor General, who wrote reports and submitted them to the State Assembly, which also took the same action. He added that the Benue State House of Assembly had also taken action on the aforementioned report of the Auditor General, as permitted by the constitution.
He added that several Benue State Gazettes, which are public records, had published the aforementioned report by the Auditor General.
The governor of Benue State lacks the authority to form the Income and Expenditure Commission, the Commission lacks the authority to convene and look into matters listed as items in the gazette, and the governor’s actions amount to flagrant abuse of office and personal grudge, according to Maduabuchi, SAN.
Nonetheless, Justice T. T. Asua granted the motion as requested.
He said that the requester had demonstrated enough interest in the subject to support granting the requested leave.
He further stated that, in accordance with Order 40, Rule 5(4) of the Rules of the Court, the motion of notice shall be entered for hearing within 14 days of the grant of leave. He further restrained the commission of inquiry from taking any further action regarding the matter to which the application relates until the motion on notice is heard and decided.