Chief Samuel Ortom, the former governor of Benue State, believes that the administration of Governor Hyacinth Alia has no reason to repeat the investigation into him conducted by the state’s auditor general and the results were made public in multiple gazettes.
Recall that Governor Hyacinth Alia established two distinct panels in February of this year to look into how the state’s finances and assets were managed during the previous administration.
In an ex-parte motion filed in the Makurdi High Court, presided over by Justice T. Asua, the former governor expressed his position. He sought to prevent the Commission investigating the finances (income and expenditures) of the Benue State Government from May 29, 2015, to May 28, 2023, from meeting while the motion was heard and decided.
The 1999 Constitution (as amended) gives the Auditor General the authority to look into and probe the state’s finances, according to Chief Ortom’s attorney, Oba Maduabuchi, a Senior Advocate, who presented the application to the court on these grounds
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And 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 given his reports to the Benue State House of Assembly.
“As also authorized by the constitution and all the terms of reference listed in paragraph 3(a)-(o) of the Benue State Gazette No. 17, Vol. 49 of February 27, 2024, have already been investigated and probed by the Auditor General, who wrote reports and submitted to the State Assembly, which also acted on same,” he claimed the State Assembly had also taken action on the aforementioned report of the Auditor General.
“Several Benue State Gazettes, which are public documents, published the aforementioned report of the Auditor General.”
The attorney argued that in light of the aforementioned facts, “the action of the Governor constitutes a gross abuse of office and vandetta and the Governor of Benue State lacks the powers to constitute the income and expenditure commission and the Commission lacks the jurisdiction to sit and investigate matters listed as items in the gazette.”
Judge Asua granted the motion as prayed after hearing Mr. Maduabuchi’s argument, noting that “the applicant has shown sufficient interest in the matter to warrant a grant of the leave sought.”
In line with Order 40, Rule 5(4) of the Court’s Rules, he continued, “the motion on notice shall be entered for hearing within 14 days after the grant of leave.”