Court dismisses suit against Benue Commission’s Report
A Makurdi High Court struck out the application brought to it by Mr. John Tyokegh who was indicted alongside 51 other persons by the Justice Elizabeth Kpojime Judicial Commission of Enquiry into the incomes and expenditure of Benue state between 2007 and 2015.
Delivering judgment, Justice Adam Onum said each of the prayers brought before the court by the applicant, Tyokegh, was incompetent as a fundamental rights process and needed to be struck out.
The judge add that there was merit in the points of objection raised by counsel to the Benue State Government, Moses Atagher, against the competence of the application. He added that he, therefore, saw no reason to touch on the various other grounds of objection, including the one bordering on the juristic personality of the third respondent, the Kpojime Judicial Commission of Inquiry.
The applicant, who is a staff of Benue Investment and Property Company (BIPC), had approached the High Court to prevent Benue State Government from arresting, detaining and prosecuting him. He also urged the court to quash portions of the government white paper on the Kpojime Commission’s report as they affected him, as well as issue an order stopping the government from terminating his appointment.
Reacting to the judgment, the Attorney General and Commissioner for Justice, Mr Michael Gusa, commended the judiciary for maintaining its credibility.
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