The High Court of Justice in Akwukwu-igbo Judicial Division, has struck out the suit brought before it by Fulani Community (Herdsmen), challenging the Executive Order II of the Oshimili North Local Government of Delta state.
The Court, presided over by Hon. Justice M.C Okoh on Tuesday (June 30, 2020) struck out the suit for lack of jurisdiction.
Recall that the Executive Chairman of Oshimili North Local Government, 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 Delta 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 court for an injunction restraining the Respondent, the Executive Chairman of Oshimili North Local government, Hon. Louis Ndukwe from executing the said order pending the hearing and determination of the substantive suit.
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 counsel 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 Fulani herdsmen 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.