A High Court of Justice sitting in Akwukwu-igbo Judicial Division, has struck out the suit brought before it by Fulani herdsmen, challenging the Executive Order II, of the Oshimili north local government area of Delta State.
The Court, presided over by Hon. Justice M.C Okoh on Tuesday 30th June, 2020, struck out the suit for lack of jurisdiction.
Recall that the Executive Chairman of the council, Hon. Louis Ndukwe, had in the month of May 2020, issued an Executive Order II, directing the immediate vacation of illegal camps and farm settlements in all the bushes within Oshimili north local government area of the state, with a 7-day ultimatum.
Following the said Executive Order ll, the Fulani herdsmen through their team of legal experts led by M.N Elunor, Esq, filed the suit No. Aku/23/2020, seeking order of the court for an injunction restraining the Respondent, the Executive Chairman of Oshimili north local government, Hon. Ndukwe, from executing the said order pending the hearing and determination of the substantive suit.
In hearing the application, the Court ordered that the Respondent show cause why the order of injunction sought by the applicants, the Fulani herdsmen should not be granted.
Responding to the application, the learned council to the Oshimili north local government, A. E Nwosu, Esq filed Affidavit to show cause, counter Affidavit, memorandum of conditional appearance and a preliminary objection challenging the suit.
After hearing the erudite submission of all counsel, the learned trial Judge, Hon. Justice M.C Okoh, upheld the submission of A. E Nwosu, Esq and gave ruling in favour of the Oshimili north local government.
The suit was accordingly struck out with a cost of N50, 000 awarded in favour of A . E. Nwosu, Esq.
With the court ruling, it is believed that the herders and others occupying illegal camps and farm settlements in all the bushes within Oshimili north local government area of Delta State should comply with the Executive Order II, of the Local Government until a court of competent jurisdiction rules otherwise.
It would be recall also that men suspected to be Fulani herdsmen killed the chairman of Okpanam vigilante group and the secretary in the council area.
