A Makurdi High Court presided over by Justice Tertsea Asue, on Monday declined to grant an application by former governor of Benue, Samuel Ortom seeking to appeal against its ruling. In the ruling, the court had dismissed his ex parte motion seeking to stop Governor Hyacinth Alia from investigating him.
The court also turned down an interlocutory injunction by the ex-governor for a stay of proceedings on the matter, pending the determination of the substantive case before the court. The matter was slated for hearing of the motion on notice for the substantive suit. Oba Maduabuchi, a Senior Advocate of Nigeria and counsel to Otorm filed for leave of notice to appeal the ruling that vacated the order and motion for the stay of further proceedings in the case.
In his argument, the 3rd respondent, Fidelis Mnyim, who is also the State Attorney General, said the plaintiff had no case before the court following his 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 so, it should be struck out.
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