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| Ex-Governor Ortom Photo credit: Vanguard |
A Benue High Court in Makurdi has ruled against former Governor Samuel Ortom and his deputy, Benson Abounu, in their lawsuit against Governor Alia and the Government of Benue State. The lawsuit was seen as an attempt to restrict the constitutional powers of the democratically elected State Governor in Nigeria.
Justice Theresa Igoche, in her judgment delivered on Wednesday, struck out the suit, deeming it speculative and an effort to limit the governor's constitutional powers, as defined in Section 5 of the Constitution of the Federal Republic of Nigeria.
Igoche characterized the suit as an academic exercise, pointing out that it was premature, lacking sufficient facts to support the reliefs sought in the originating summons. She stated, "This court and, in fact, all other courts will not act on speculation."
She clarified that the case was not saying that the Governor's exercise of powers cannot be questioned at all. She stated that the plaintiffs had not brought sufficient evidence of any act of the defendants to warrant the determination of the questions set out in the reliefs in the originating summons.
Ortom and Abounu had taken legal action against the governor, Benue Government, Nigerian Army, Nigerian Police Force, DSS, Hinga Biem, and all members of the State Assets Recovery Committee.
They challenged the retrieval of vehicles and property donated to them and their cabinet members by the Benue Executive Council before their handover on May 29.
Their counsel argued that the retrieval of the vehicles was a constitutional infringement on their rights to ownership of property legally vested in them by the State Executive Council members.
However, the counsel for the Governor and other defendants challenged the court's jurisdiction to entertain the matter and pointed out that the case was based on speculation. They argued that the terms of reference of the committee were not presented in court, and temporary custody of vehicles for investigative purposes was allowed under the constitution.
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