By Amos Aar
THE immediate past governor of Benue State, Samuel Ortom, and his deputy, Engr Benson Abounu, have filed a suit against Governor Hyacinth Alia at the Makurdi Division of the Benue State High Court seeking the determination of a question on whether property legitimately allocated to them as entitlements and remuneration can be considered as state government assets.
The suit is sequel to the setting up of an ‘Assets Recovery Committee’ by Governor Hyacinth Alia to recover assets deemed to have been acquired illegally by officials of the previous administration.
Joined in the suit are Benue State Government and chairman of the committee, Mr Hingah Biem (for himself and on behalf of members of Assets Recovery Committee as second and third defendants respectively.
In Suit No: MHC/199/2023, former Governor Ortom and former Deputy Governor Abounu are seeking a determination of the court whether or not by the combined effect of sections 5(2), 44, 318(1) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the executive actions and decisions of the Governor and Government of Benue State taken by Ortom and Engr Abounu and the State Executive Council, in good faith before May 29th, 2023, were valid.
The plaintiffs are also seeking a determination of court whether or not the Governor of Benue State is not bound by the constitutional approvals made by his predecessor.
The plaintiffs further seek a determination of court whether the Assets Recovery Committee set up by the present governor of Benue State and headed by Hingah Biem has power to interfere with their rights to own property vested on them by the Benue State Government at all material times or without following due process.
The plaintiffs are seeking amongst other prayers, the following reliefs: “A declaration that by the combined effect of sections 5(2), 44,318(1) of the 1999 Constitution, the executive actions and decisions of the 1st and 2nd defendants taken by the plaintiffs and the State Executive Council, in good faith before 29/05/2023 were valid.
“A declaration that the Governor of Benue State is bound by the constitutional approvals made by his predecessor (the 1st plaintiff) acting with the State Executive Council.
“A declaration that title in former government property duly transferred and vested in private citizens, including the plaintiffs for service to the State or as part of their entitlements/remuneration cannot still be considered as government property after the date of transfer of the title.”
The plaintiffs further seek a declaration that the Assets Recovery Committee set up by the Governor of Benue State and headed by Hingah Biem has no power to interfere with their rights to own property legitimately vested on them by the Benue State Government at all material times at all or without following due process.
They are also seeking an order of injunction restraining the defendants, by themselves, agents, successors or privies, from violating the plaintiffs’ individual and collective rights to own property validly vested on them by the Benue State Government.
No date has been fixed for hearing of the suit.
