Ortom had challenged the retrieval of automobiles and property donated to him and his cupboard members by the Benue Executive Council earlier than their handover on May 29.
Igoche additional described the swimsuit as a tutorial train that sought to delimit the constitutional powers of a governor as contained in Section 5 of the Constitution of the Federal Republic of Nigeria.
She stated,
“This courtroom and actually all different courts is not going to act on hypothesis. In my view, this swimsuit is untimely at this stage as there aren’t any ample information to help the reliefs sought on this originating summons.
“Even on the bottom two of the grounds upon which this software is predicted.
“I agree with the applicant’s counsel that the swimsuit as presently constituted goals at delimiting the constitutional powers of the Governor granted by part 5 of the Constitution.
“This case is just not saying that the Governor’s train of powers can’t be questioned in any respect.
“What I am saying in the instance case is that the plaintiffs have not brought sufficient evidence of any act of the defendants to warrant the determination of the questions set out in the reliefs in the originating summons.”
The News Agency of Nigeria (NAN) experiences that Ortom and Abounu had dragged the governor, Benue Government, Nigerian Army, Nigerian Police Force, DSS, Hinga Biem and all members of the State Assets Recovery Committee earlier than the excessive courtroom.
Ortom, the instant previous governor of the State and his deputy within the swimsuit challenged the retrieval of automobiles and property donated to them and their cupboard members by the Benue Executive Council earlier than their handover on May 29.
They alleged that such motion of retrieval was a constitutional affront to their collective rights to possession of property legally and legitimately vested in them by the then State Executive Council members.
Their counsel, Douglas Pepe (SAN) stated the reason for motion was potent and alleged that over 32 automobiles donated to the Plaintiffs by the Benue State Executive Council earlier than they left workplace on May twenty ninth had been taken custody of by the Defendants.
Pepe held that their resolution to take custody or seize the 32 automobiles was an affront to the plaintiff’s proper to possession of property.
He urged the trial courtroom to restrain the defendants and their brokers from interfering with any of the property donated to them by the previous administration.
However, counsel to the Governor, Government of Benue State, Chairman of the Assets Recovery Committee and different defendants Mohammed Ndarani (SAN) challenged the jurisdiction of the courtroom to entertain the matter.
Ndarani additionally held that all the case of the plaintiffs was based mostly on hypothesis because it failed to give the id of the vehicles and properties allegedly taken from the Plaintiffs.
He additionally urged the courtroom to dismiss the swimsuit as a result of it sought to restrict the manager powers of the governor to appoint applicable committees to assist in the administration of the State.
Ndarani stated the phrases of reference of the committee to decipher the extent of their powers and to assist decide whether or not the committee had overlapped its authority weren’t earlier than the courtroom.
He stated the committee was additionally not proven to have accomplished its work to conclusively set up whether or not they had completely taken custody of any automobiles, therefore for investigative functions, momentary taking of custody of automobiles is allowed underneath the structure.
The counsel burdened that, if such frivolous fits had been allowed to linger, growth could be tremendously hampered throughout the nation.
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