Delta state government denies herdsmen killings, asks court to dismiss suit
The Delta State government has denied that there have been killings by the Fulani herdsmen in the state.
This followed the counter affidavit deposed to, by the state in response to the fundamental rights enforcement suit filed by human rights activist, Chief Malcom Omirhobo against the herdsmen, where the state was joined as a party.
The State also urged the Federal High Court in Asaba to dismiss the suit because the applicant is not a representative of the Nigerian public or the Chief law officer in Delta State.
“He has no right to sue for them, talk more of when no single member of Nigerian public in Delta state whose fundamental rights was allegedly infringed upon, was mentioned or substantiated. The application was not filed on behalf of any potential applicant,” Oge Okoh, from the civil litigation department of the Delta ministry of justice averred on behalf of the state government, the governor and the attorney general in a counter affidavit to the originating motion.
In the suit marked FHC/ASB/CS/51/2020, the deponent argued that the affidavits in support of the motion are speculative and unsubstantiated by the applicant, that they are false and at best figments of the applicant’s imagination.
“It is respectfully submitted that throughout the length and breadth of the applicant’s spurious allegations, no single member of the public of Delta state was mentioned and none is a party to this action.
“It is trite law that courts do not make orders in vain and the court’s jurisdiction is only properly invoked where the person, responsible for the alleged wrongful action being complained of is sued. This is a case of beating around the bush put simply by the Supreme Court in the case of MBANEFO v. MOLOKWU (2014) ALL FWLR (PART 742) 1665, 1685 G- 1686 G,” the deponent said.
Omirhobo, an indigene of the state had called for a perpetual injunction restraining the Fulani herdsmen and members of the 12th respondent (the Incorporated Trustees of Miyetti-Allah Kautal Hore Socio cultural Association) and the personnel of the 11th respondent (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.
He had also demanded an order of court compelling the respondents to perform their sacred and primary 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 property of the applicant and those of the Nigerian Public in Delta State.