Ex-Parte Order: Court Declines Ortom’s Application for Leave to Appeal
BY Kenneth Tyohemba,
A Makurdi High Court presided by Justice Tertsea Asua, is to decide whether or not it has the jurisdiction to determine a suit by former Governor, Samuel Ortom who is challenging the Benue State Commission of Inquiry into the Income and Expenditure of his administration from probe.
The High court will equally decide whether or not to extend time for the former Governor to file notice of appeal against the High court ruling that vacated the restraining order earlier issued on the Commission.
The applications were reserved for ruling on the thirtieth of this month after s heated debate by the plaintiff’s and respondents’ counsel.
The hearing in the substantive suit was scheduled on Monday, but the plaintiff’s counsel, Oba Maduabuchi, SAN sought the leave of the court to enable him approach the Court of Appeal for a judicial review of the ruling that cleared the Commission to go ahead with its sitting pending the determination of the substantive suit.
The request for extension of time by the plaintiff’s counsel, Oba Maduabuchi, SAN did not go well with the counsel representing the thirteen respondents, who argued that it was a delay tactic by the former Governor to frustrate the Commission from probing his administration.
A Senior Advocate of Nigeria, Matthew Burka who is representing the the first and second respondents said the suit was status bar, explaining that it was filed two months late and was therefore against the procedure of the High Court and the Public Officer Protection Act of Benue State.
The respondents’ counsel also noted that the plaintiff’s motion was deposed by the former Chief Press Secretary to the Governor, Mr Terver Akase, who he said is not a party in the suit, pointing out that the act of negligence made the entire suit dead on arrival.
Other respondents’ counsel including, Ishaka Dikko, Muhammed Ndarani, SANs as well as the Attorney General and Commissioner for Justice, Fidelis Mnyim aligned their submissions in urging the court to dismiss the case for lacking in merit.
In a counter argument, counsel representing the former Governor, Oba Maduabuchi, stated that the position of the respondents bordered on procedural issue which should not stop the court from granting the applications.
