Court Restrains Governor Alia
A Benue State High Court in Markurdi has issued a restraining order against the Commission of Inquiry set up by Governor Hyacinth Alia to probe Ortom’s Tenure. The court mandated the suspension of the probe until the resolution of a lawsuit filed by Ortom challenging the investigation’s legitimacy.
Legal Challenge by Ortom
Ortom’s lawyer, Oba Maduabuchi (SAN), filed an ex parte application, arguing that the Benue State Auditor General had already audited and certified the state’s accounts during Ortom’s administration. Therefore, Maduabuchi claimed, the current governor lacks the authority to initiate further probes into the same period.
Auditor General’s Report
Maduabuchi emphasised that the Auditor General’s reports had been submitted to the Benue State House of Assembly and published in multiple state gazettes. According to him, these reports fulfill the requirements of the 1999 constitution, rendering the new commission unnecessary.
Court’s Decision
Justice T. T. Asua of the Benue State High Court agreed with Maduabuchi’s argument. Consequently, the judge ordered the suspension of the inquiry initiated by Governor Alia, ensuring that Ortom’s tenure would not be subject to the new investigation until the court case concludes.
Reactions from Legal Circles
Legal experts have weighed in on the ruling, with many supporting the court’s decision as a reinforcement of due process. They argue that the existing audits and reports should be sufficient unless new evidence emerges that warrants further investigation.
Implications for Governance
The restraining order raises questions about the motivations behind Governor Alia’s commission of inquiry. Critics suggest that political rivalry may be at play, while supporters argue that every administration should be transparent and accountable, regardless of prior audits.
The case highlights the ongoing legal and political battles within the Benue State government, reflecting broader issues of governance and accountability in Nigeria.
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