A Makurdi High Court today 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 Inquiry into the incomes and expenditure of Benue state between 2007 and 2015.
Delivering judgment on the matter, Justice Adam Onum, said each of the prayers brought before the court by the applicant, Mr Tyokegh, was incompetent as a fundamental rights process and deserved to be struck out.
Justice Onum said there was profound 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, Mr John Tyokegh, 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, Barrister Michael Gusa, described the judgment as a sound one and commended the judiciary for once again maintaining its credibility.
He explained that the Kpojime Judicial Commission of Inquiry was set up following the discovery that the states's resources were mismanaged and the commission looked into the issues, gave its findings and government issued a white paper based on the findings.
Gusa said whoever is affected should be able to make necessary refunds instead of grandstanding, adding that the quashing of John Tyokegh's application shows that the Ortom administration was on the right track in its resolve to recover looted resources of the state.