The outgone governor of Benue State, Samuel Ortom and his deputy, Engr Benson Abounu have filed a suit seeking to know whether properties legitimately allocated to them as entitlements and remuneration can still be considered as state government’s assets.
They also prayed for 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.
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The suit is coming on the heels of the setting up of an Assets Recovery Committee by Governor Hyacinth Alia, a move which Ortom described as witch-hunt against his erstwhile administration.
Joined in the suit is the governor of Benue State, the state government and chairman of the committee, Mr Hingah Biem, for himself and members of Assets Recovery Committee as first, second and third defendants respectively.
In the suit No: MHC/199/2023, filed by Douglas Pepe (SAN) for the plaintiffs, Ortom and Abounu are seeking a determination of 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 Abounu and the State Executive Council (SEC), 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.
Other reliefs sought by the plaintiffs are 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 SEC, in good faith before 29/05/2023 were valid.
A declaration that the governor is bound by the constitutional approvals made by his predecessor (the 1st plaintiff) acting with the State Executive Council (SEC).
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 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.
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. However, the court is yet to fix a date for hearing of the suit.
The governor a few days ago, set up Assets Recovery committee comprising of police, army and members of the Nigeria Security and Civil Defence Corps (NSCDC) to recover all government looted assets by the out gone administration.
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