Court Denies Ortom’s Request for Leave to Appeal Ex-Parte Order

A Makurdi High Court, under Justice Tertsea Asue, on Monday rejected former Benue Governor Samuel Ortom’s bid to appeal its ruling. The court had earlier dismissed Ortom’s ex parte motion aimed at halting Governor Hyacinth Alia’s investigation into his administration.

Additionally, the court denied Ortom’s request for an interlocutory injunction to stay proceedings until the substantive case is resolved.

Ortom’s lawyer, Senior Advocate of Nigeria (SAN) Oba Maduabuchi, sought permission to appeal the court’s decision but faced opposition from Mohammed Ndarani, SAN, who argued that there was no valid case for appeal. Ndarani questioned the court’s jurisdiction and requested dismissal of Ortom’s application for an extension of time to file for judicial review.

Fidelis Mnyim, the State Attorney General and 3rd respondent, also contended that Ortom had no active case as his motions were not yet served and argued for the case to be struck out. The court upheld the respondents’ arguments and instructed Ortom to move his application for an extension of time for judicial review. The case was adjourned to July 30, 2024, for further consideration.

Ortom had challenged the state government and other parties regarding the legality of their probe into his administration’s finances, arguing that the Auditor-General had already audited these accounts and that another investigation by a different body constituted double jeopardy.