JUDICIARY
Anti-opening Grazing Law: Miyetti Allah Heads to Appeal Court
By Taiye Agbaje
The Miyetti Allah Kautal Hore Social-cultural Association, has approched the Court of Appeal in its bid to upturn the Federal High Court Judgment which refused its challenge of the Anti-open grazing law being implemneted bythe Benue state governemnt.
The Federal High Court sitting in Abuja had on July 4, presided by Justice Okon Abang declined to stop implementation of the law enacted by the Benue State House of Assembly in 2017.
In dismissing the Suite however, Justice Abang awarded N100,000 cost in favour of each of the 14 defendants in the case and ordered that the fines be paid before the plaintiffs could appeal agaisnt the judgment.
The appellants in the case include the Fulani group, Alhaji Abdullahi Bodojo and Mr Saleh Alhassan, while the respondents are National Assembly, Attorney General of the Federation, Inspector General of Police, Benue State House of Assembly and the Benue government, among others.
In the notice of appeal filed on July 30, the plaintiffs sought from the Court of Appeal ”an order allowing the appeal and an order setting aside the lower court’s judgment and ordering a re-hearing of the matter before another judge of the lower court.”
They raised 10 grounds of appeal.
The appellants argued that the lower court was in error in holding that they had no valid originating summons even when they filed an amended one.
”The appellants filed an irregular and voidable amended originating summons on the May 31 without payment of the default tees.
”Yet the lower court held that the originating summons is invalid and a nullity.
”It is trite law that a mistake of counsel cannot be visited on the litigant especial when it is pardonable and the irregular amended process filed on the May 31 is before the court and the lower court have the duty to ensure that the suit of the appellants is heard on the merit.
”The lower court ought not to shut out a litigant by dismissing his claim when the process of court is amended in error without seeking extension of time to amend same.
”More so all the respondents have filed their various counter affidavits against the originating summons.
”The failure to pay the default fees or filing fees for the amended originating summons filed on May 31 only made it at worst a voidable and not void or a nullity.
”The lower court can order the payment of the default fees pursuant to the relevant Rules of the lower court,” they said.
According to them, the under assessment or failure of payment of default filing fees cannot be a basis of punishing the litigant with an order of dismissal of the suit.
“The non-compliance with order 17 rule six of the lower court civil procedure Rules have nothing to do with the jurisdiction of the lower court.
”The low court determined the substantive suit at the interlocutory stage of the suit by holding that the 4th defendant IawfuIIy enacted the Grazing Prohibition ad Ranches Establishment Law 2017 ad further held that the law was duly assented to by the Governor of the Benue in a ruling tagged as judgment,” they said. (NAN)
A 42-year-old woman, Bukola Solademi, was on Friday arraigned before a Mapo Grade A Customary Court in Ibadan over alleged theft of carbonated drinks and bottled water valued at N7.688 million.
Solademi, however, pleaded not guilty to the one-count charge levelled against her.
The court’s President, Mrs O.
E. Owoseni, admitted the defendant to bail in the sum of N500,000, with two reliable sureties in like sum.Owoseni said that the sureties must be blood relatives, show evidence of three years tax payment to Oyo State government, present their National Identification Numbers and show evidence of ownership of landed property in Ibadan.
She, thereafter, adjourned the matter till July 4 for hearing.
The Prosecutor, Insp Ayodele Ayeni, had earlier told the court that the defendant committed the offence between March 2024 and April 2025 at Ibikunle, Ayeye area of Ibadan.
Ayeni further said that Solademi stole 12 packs of Bigi water valued at N14,750, 31; packs of big Eva water valued at N309,400, 176 and packs of Mr V water valued at N264,400.
He said that the defendant also stole 405 packs of Predator valued at N1.903,400 and 14 packs of Schewepps valued at N57,600.
The prosecutor listed other items allegedly stolen by the defendant to include: 244 packs of pet coke valued at N882,300; 20 packs of big American cola valued at N128,00012 and packs of Bigi Cola valued at N240,000.
The remaining items were one carton of Lacasera valued at N1,850,240,000; 34 cartons of Pepsi valued at N104,100; 100 cartons of Coca-cola valued at N520,000 and 243 cartons of Fearless valued at N992,300.
The other stolen drinks were: 75 cartons of Bigi Fanta valued at N240,000, 14 packs of Sosa drink valued at N4,000 and 395 packs of Bigi American cola valued at N1.422 million.
Ayeni said that the drinks belonged to one Ajoke Ayinde, a businesswoman.
According to him, the offence contravenes the provisions of section 390(9) of the Criminal Code, Cap. 38, Vol. II, Laws of Oyo State, 2000. (NAN)
Three men, Wasiu Ayanyemi, Ibtahim Adeniji and Oluwabunmi Owoyemi, were on Wednesday docked in an Ikorodu Chief Magistrates’ Court, Lagos, for allegedly assaulting woman and causing her to miscarry.
The police charged Ayanyemi, 40; Adeniji, 49, and Owoyemi, 40, whose addresses were not disclosed with conspiracy to wit felony, breach of peace, and assault occasionally harm.
The three defendants pleaded not guilty to the charge.
The Prosecutor, ASP Aminu Isaac, said the offence were committed on May 8, at Benson bus-stop area of Ikorodu, Lagos State.
Isaac said the defendants assaulted a three-month pregnanr woman, Ms Adejoke Olusoj, causing her bodily harm and miscarriage
The prosecutor said the defendants also conducted themselves in a manner likely to cause breach of peace
He added the offence contravened the provisions of sections 411, 168(d), 173 and 245 of the Lagos State Criminal Law, 2015.
The Chief Magistrate, Mr B. A. Sonuga, admitted the defendants to bail in the sum of N500,000 each, with two sureties in like sum.
Sonuga adjourned the case until June 16 for further mention. (NAN)
A 38-year-old man, Yusuf Olasunkanmi, was brought before an Ota Magistrates’ Court in Ogun on Monday, for allegedly assaulting another man with a blow.
Olasunkanmi, whose address was not provided, is facing three-count charges of assault, conspiracy and breach of peace.
The Prosecutor, Insp E.
O. Adaraloye, told the court that the defendant alongside others still at large, committed the offences on April 25, at about 5. 30p.m. at Atan Bus-Stop, Ota.Adaraloye alleged that the defendant and his accomplices conspired to conduct themselves in a manner likely to cause breach of peace by assaulting the complainant, Oke Solomon, with a fist of blow.
He added that the assault caused the complainant, a permanent injury.
The prosecutor said that the offences contravened Sections 351, 355 and 516 of the Criminal Code Laws of Ogun, 2006.
The defendant, however, pleaded not guilty to the charges.
The Magistrate, Mrs O. O. Fadairo, granted bail to the defendant in the sum of N500,000 with two sureties in like sum.
She ordered that the sureties must reside within the court’s jurisdiction and be gainfully employed with evidence of tax payment to Ogun Government.
The case was adjourned to June 10, for further hearing. (NAN)
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