Published On: Thu, Feb 3rd, 2022

Delta Court Relists Activist Malcolm Omirhobo’s Case Against Herdsmen Killing For Hearing (SEE DOCUMENTS)

LAGOS FEBRUARY 3RD (URHOBOTODAY) Federal High Court sitting in Asaba, Delta State has relisted an application by Human Right Activist,  Chief (Barr) Malcolm Omirhobo  for the enforcement of his human rights and those of the Nigerian public in Delta State over  the alleged  killings of Fulani herdsmen in the region for hearing. 
A SUIT NO: FHC/ASA/CS/51/2020  signed by the High Court Registrar,  Effime F. Agambor made available to Urhobotoday  stated thus, “    UPON THIS MOTION ON NOTICE  dated 8th day of December 2021 but filed on 13th December 2021 praying this Honourable Court for the following order(s).

“1.       AN ORDER OF THIS HONOURABLE COURT  relisting this suit which was struck OUT ON THE 8/12/2021.No

  1. AND for such further or other order as this Honourable Court may deem fit to make in the circumstances.

UPON READING: the Affidavit in support sworn to by Chief Malcolm Emokiniovo Omirhobo, Male, Nigerian Citizen ,Christian and Legal Practitioner of  No 121, Okota Road, Okota, Isolo, Lagos State filed in the Court Registry.

“AND AFTER HEARING  Victor Osakwe Esq for the Applicant who held the brief of Chief Malcolm Emokiniovo Omirhobo move in terms of motion paper.  And J.A.Otitie Esq Deputy Director, Delta State Ministry of Justice for the 1st, 2nd and 3rd Respondents; Ifebunachi Onwe Esq who held the brief of Ndosoo T. A. Uchegbu Esq for 6th and 8th Respondents not opposing.

IT IS HEREBY ORDERED AS FOLLOWS

  1. The Motion on Notice for relisting dated 8th December 2021 is granted as prayed.
  2. Case adjourned at instance of 6th and 8th Respondents to 24th March, 2022 for hearing.  Hearing Notice to issue on Counsel for 4th and 11th Respondents and on the 5th, 7th, 9th, 10th and 12th Respondents.

“ISSUED AT ASABA  under the seal of the Court and the Hand of the Presiding Judge this 1st day of February 2022.”

Recalled that  Malcolm Omirhobo  had sued the federal government,  Delta state government and others  over the violation of the  fundamental human rights of citizens of Delta State allegedly  caused by the killings of Fulani herdsmen in the region.

Other respondents in the suit are Delta State government, the Attorney General of the state, Delta State House of Assembly, Commissioner of Police, President of Nigeria, the Attorney General of the Federation, National Assembly of Nigeria, Inspector General of Police, Nigerian Army and the Incorporated Trustees of Miyetti-Allah Kautal Hore socio cultural association.
He alleged in the suit that the Fulani herdsmen armed with unlicensed AK 47 and assault rifles intimidate, terrorise and coerce host communities to have their way in utilising their land for open grazing of their cattle.
According to the applicant, the Fulani herdsmen illegally and unlawfully occupy lands, rape, rob, kidnap, destroy and burn down buildings and properties of host communities, killing, slaughtering and maiming hundreds of unarmed, innocent defenseless people, children, women and the aged inclusive.
He stated that in  these attacks, properties worth several millions of naira are destroyed by the invading Fulani herdsmen and several people are injured and hospitalised.
He,  however called for the restraining of Fulani herdsmen, Miyetti-Allah and the Nigerian army from violating the fundamental rights to life, dignity of human person, personal liberty, freedom of movement, right to freedom from discrimination and the right to own land of the applicant and members of the Nigerian public in Ubulu-Uku, Isele-Uku, Oniche – Olona, Onicha – Ugbo, Onocha-Olona, Orvre R’ Oruarivie Abraka Kingdom, Ovwor-Olomu, Edjekota, Ogor Kingdom and Uwheru and environs of Delta State.
The Human Right Lawyer averred that the allegedly demand of tolls/ levies and/or protection money by Armed Fulani herdsmen and members of the 12th respondent from their host communities in Uwheru of Ughelli North Local Government Area of Delta State and environs before they can enter their farms, bushes and waters to farm, hunt and fish is a flagrant violation of their fundamental rights to respect for the dignity of their persons, their rights to life, freedom of movement and freedom to own landed property as enshrined in sections 34. 33, 41 and 43 of the 1999 Constitution and Articles 5, 4, 12 and 14 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore improper, illegal, unlawful and unconstitutional.

He prayed the court to compel the respondents to perform their sacred duties and responsibilities to protect and respect the fundamental rights to life, dignity of human person, personal liberty, freedom of movement, right to freedom from discrimination and the right to own landed propety of the applicant and those of Delta citizens.

 

SEE COURT DOCUMENTS  BELOW:

 

 

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