HIGH COURT DISMISS SAMUEL ORTOM CASE AGAINST GOVERNOR HYACINTH ALIA.
By Akume Raphael, Makurdi.
A Makurdi High Court has dismissed the suit filed by Samuel Ortom challenging His Excellencyy, Governor Hyacinth Ali and the Commission of Inquiry into the income and Expenditure of Benue state government from May 29th 2015 to May 28th 2023, for being statute barred.
Justice Tertsea Asua Dismissed the suit while ruling on the application for extension of time filed by Counsel representing Samuel Ortom, Oba Maduabuci SAN that the application was incompetent.
Justice Asua while ruling agreed with Counsel to Governor Alia, Mathew Burkaa SAN and the attorney General and commissioner for Justice and public order Fidelis Mnyim Esq., ACArb preliminary objections that action or proceedings against public officers are regulated by the Benue state public officers protection Act and according to the Act, the action must commence within 3 months from the date of the cause of action.
In accordance with the Benue State Public Protection Act and the rule of the court, the plaintiff (Samuel Ortom) was supposed to commence his actions immediately on the 27th of February 2024 when the income and expenditure commission of inquiry 2024 was gazetted but Samuel Ortom filed his motion on notice on the 28th of May 2024 which was clearly more than three months as speculated by the Public officers protection act and as such, the case is statute-barred.
He said counsel to Samuel Ortom did not institute the suit until months after the accrual of the cause of action, and therefore, his right of action was rendered useless by the operations of the Public Officers Protection Act of Benue state.
Reacting to the ruling, State Attorney-General, and Commissioner for Justice and Public Order, Fidelis Mnyim Esq., ACArb commended the judiciary for delivering a sound judgment, saying with this development, the commission of inquiry probing income and Expenditure of state government from 2015 to 2023 will continue with its assignment pointing out that, the commission is not out to witch-hunt anyone but to investigate and to elicit information for necessary action.
The Attorney General further reiterated the position of the executive Governor of Benue, Hyacinth Alia that he is not going to interfere or influence the workings of the commission.
Also reacting, counsel to 7th, 8th, and 9th respondents holding the brief of Mohammed Ndarani Mohammed SAN, Raphael Ashwe Esq. Appreciated the wisdom of the court in safely landing the ship by resolving all issues raised by the plaintiff, “the coast is now clear for the Income and Expenditure Commission of Inquiry 2024 to go ahead and deliver on the assignment given to them by the executive Governor of Benue state, Rev. Fr. Hyacinth Alia PhD” He added.
