Justice Tertsea Asue of the High Court in Makurdi on Tuesday, dismissed two applications filed by former governor of Benue, Samuel Ortom stopping the Benue Government from probing him
The judge dismissed the two originating motions and an application for extension of time instituted by counsel to Ortom, Maduabuchi Uba SAN for lack of merit.
Asue held that the applicant’s case was statute barred, adding that the applicant also failed to seek leave of court before filing the originating motion which seeks to bring his suit before the court.
The judge held that there was nothing in the Public Officers Protection Law or the rules of court that provided for extension of time to file an action out of time
He said both actions did not follow the required due process of law.
He said Gov. Alia signed the gazette and constituted a commission of inquiry on Feb. 27 however, Ortomfiled his case on May 31, which was clearly out of time.
He said the applicant by his showing showed that he considered that he filed his case out of time, hence the motion for request for extension time to file the notice on motion
He said the Public Officers Protection Law and Rules of the court does not give room for extension of time on originating summons.
In his arguments, the third respondent, Fidelis Mnyim, who is also the State Attorney General, said the applicant had no case before the court following the inability to move the motion on notice.
Mnyim said the two applications were yet to be served on him adding that there was no suit before the court and it should be struck out.
The respondents variously averred that the rules of court were meant to be obeyed and cited decisions of the supreme court to buttress their arguments.
He prayed the court to dismiss the application of the applicant for extension of time to file judicial review as the time could not be extended in the circumstance.
