The Benue State High Court, Makurdi, has scheduled a hearing for July 17, 2024. Mohammed Ndarani Mohammed, SAN, filed an oral application asking the court to overturn a decision it made on May 29, 2024, prohibiting the Income and Expenditures Commission of Inquiry, which was established by the state’s executive governor, His Excellency Rev. Fr. Dr. Hyacinth Alia, from performing its official duties.
Mohammed, SAN claimed that the ex parte order violated Section 36(1a) of the Federal Republic of Nigeria’s Constitution, which states that “a person shall be entitled to a fair hearing within a reasonable time by a court or other tribunal established by law and constituted in such manner as to secure its rights and obligations in the determination of his civil rights and obligations, including any question or determination by or against any government or authority.” Mohammed claimed that the ex parte order was obtained by providing misleading facts to the court.
“Speaking further the learned Silk said, the ex parte order is against public interest, it is also against the rule of law. “When the applicant was moving his application, We were not before the court and, sadly, you were misled my Lord”, he added.
The Attorney General and commissioner for justice and public order, FB. Mnyim, Esq. ACArb who is a party in the suit lending his voice in support of the oral application made by Mohammed Ndarani SAN said “My Lord, you were misled into granting that ex parte order because the plaintiff’s case before you is only about the state income not including local government income whereas the commission of inquiry which your order forbids from carrying its duties cover’s local government income and Expenditures and other MDAs”.
He added that stopping the commission of inquiry from sitting is an injustice to the state, not preemptive of the case before the court, he said the commission will abide by any ruling that the court arrives at the end of the matter.
Also speaking on the side of the respondents, Usman Sule SAN said the ex parte order given by the court has a 14-day lifespan within which it became obsolete and as such he asked the court to set it aside in the interest of justice.
“The continuous stay of the ex parte order forbidding the commission of inquiry into the income and Expenditures of the state from sitting means the plaintiff’s case has been answered in its entirety”.
He prayed the judge to reconsider his decision which is against the public interest and that of justice and set aside the order.
M. I Dikko SAN said the order from the date it was issued to date is over forty days and as such it should be vacated.
Responding on behalf of the plaintiff, Samuel Ortom’s learned counsel, Oba Madaubuchi SAN made two requests before the court for the respondent to bring their application either in writing so he can also respond or the court should give them another date to prepare and come back to argue the application.
After listening to the arguments from the parties involved in the matter, Honorable Justice T. T Asua set Wednesday 17th, 2024 for ruling on the oral application moved by Ndarani SAN and supported by other respondents in the suit.
It is worthy to recall that Honorable Justice T. T Asua had on May 29th, 2024, restrained the Benue State Income and Expenditure Commission from sitting or taking any further steps pending the hearing and determination of the motion by Samuel Ortom, challenging the legality of the panel, giving reasons that the Auditor General of the State who is mandated by the provisions of the 1999 Constitution has already audited the accounts of the state, amongst other reasons.
