The situation in Benue State involves a legal dispute between the immediate past governor, Samuel Ortom, and the current administration led by Governor Hyacinth Alia. Governor Alia set up two separate panels in February to investigate the management of the state’s finances and assets under Ortom’s administration, which lasted from May 29, 2015, to May 28, 2023.
In response, Samuel Ortom has challenged this action in court, arguing that there is no need for such investigations since the state’s Auditor General has already performed comprehensive audits and investigations during his tenure. According to Ortom’s counsel, Oba Maduabuchi, the Auditor General’s reports were submitted to the Benue State House of Assembly and acted upon, making further investigations redundant and unauthorized.
Ortom’s legal team filed an ex-parte motion at the Makurdi High Court, which was presided over by Justice T. Asua. They sought to restrain the Commission of Inquiry from proceeding with its investigations. The court granted Ortom's motion, with Justice Asua stating that Ortom had demonstrated sufficient interest in the matter to justify granting the leave sought.
The core of Ortom’s argument is that the Auditor General’s powers under the 1999 Constitution (as amended) are sufficient for investigating and auditing the state’s finances, and since these procedures have already been completed and reported, the current administration’s commissions are unnecessary and constitute an overreach and abuse of office.
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