By James Gbudu
Former Secretary of Benue Property and Investment Company (BIPC), Barrister John Tyokegh has filed a three ground Notice of Appeal seeking among other reliefs, an order of the Appellate Court setting aside the decision of a Makurdi High Court in Suit Number MHC/855M/2016.
The lower court had on 19th May, 2016 dismissed the said suit, which was initiated for the enforcement of fundamental human rights and an order of Certiorari, for the reason that it was incompetent and dissatisfied with the decision, Tyokegh has filed the instant appeal.
According to the Notice of Appeal made available to Benueforum.com, the trial judge erred in law in holding that the relief for an order of certiorari sought by the appellant makes the application for enforcement of rights incompetent since the principal focus of the process invokes the supervisory jurisdiction of court over the administrative actions of the respondents occasioning a grave miscarriage of justice to the appellant.
According to counsel to the appellant, Simon Orkumah, Section 46 (2) of the 1999 Constitution (as amended) vests jurisdiction in the High Court to hear and determine application for enforcement of fundamental rights and to make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of enforcement or securing enforcement of any fundamental rights, which includes an order of certiorari sought by his client.
It is his further contention that the trial judge erred in refusing to strike out the counter affidavit of the respondents including Benue State Governor, the Attorney General of the State, Benue State Government and the Justice Kpojime Commission with the accompanying written address, which ultimately led to the dismissal of his client’s application.
Besides, the appellant is contending that the lower court erred in declining to grant his application Number MHC/855M/2016 and want the Court of Appeal to set aside the decision of the lower court, allow his appeal while issuing an order granting his substantive application on merits.
It would be recalled that Barrister John Tyokeg and 51 others including 10 corporate entities were indicted by the Justice Kpojime Commission of Inquiry instituted by the Benue State Government for alleged financial crimes amounting to over 170 Billion Naira.
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