ALIA ASK COURT TO DISMISS SAMUEL ORTOM’S SUIT FOR BEING STATUTE-BARRED.
Akume Raphael
Learned counsel to the executive governor of Benue state, Matthew Burkaa SAN has asked the state High Court sitting in Makurdi to dismiss the former governor of Benue state, Samuel Ortom suit for being statute barred.
This was the argument of the Defense team canvassed in the suit brought by Samuel Ortom against the governor of Benue state and the Income and Expenditures Commission 2024 set up by His Excellency, Hyacinth Alia to probe the income and expenditures of the state from 2015-2023.
At the commencement of proceedings today learned counsel to Samuel Ortom, Oba Maduabuchi SAN brought two applications before the court seeking the leave of the court to challenge the ruling that the court gave on the 17th of July 2024 setting aside the ex parte order granted to Samuel Ortom forbidding the income and expenditures commission from sitting at the Court of Appeal and another interlocutory application to halt the proceedings of his case before the state High Court pending the determination or decision of the Court of Appeal on the ruling sitting aside the Ex parte order.
Defense counsel in the matter all attacked the two applications saying the only plaintiff’s application ripe for hearing was the one filed by Samuel Ortom, on the 31st of May 2024.
The Attorney General and Commissioner for Justice and Public Order, Fidelis Mnyim Esq., ACArb particularly told the court that he was yet to be served with any of the applications filed before the commencement of proceedings which the counsel to Samuel Ortom wants to move.
In his ruling, Honorable Justice T. T Asua agreed with the defense team that the two applications brought by Ortom’s counsel today were not ripe for hearing and that the plaintiff’s counsel, Oba Maduabuchi SAN should proceed and move the application earlier filed with the court which is ripe for hearing.
When counsel to Samuel Ortom, Oba Maduabuchi reluctantly moved his applications seeking an extension of time, defense counsel in their submissions before the court argued that the plaintiff’s case is statute-barred and should be dismissed.
Matthew Burkaa SAN and Mohammed Ndarani Mohammed SAN in their arguments cited various Supreme Court decisions given in such instances to back up their stand against the plaintiff’s application.
The case was adjourned to July 30th, 2024 for a ruling on the plaintiff’s applications seeking an extension of time.
