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)
Gov. Douye Diri of Bayelsa says the judiciary remains the hope of the common man in the society, charging officers in the temple of justice to always strive to be upright.Diri said this on Friday in Yenagoa at a Thanksgiving/Valedictory Court Section for the commencement of the 2025/2026 Legal Year in the state.
The governor said: “It has become an annual ritual but we all know that the bible says seek ye first the kingdom of God and all other things shall be added on to thee. “Today we are handing over this new legal year to God for His protection to the judiciary. I believe you are going to do beyond our expectations with God on your side.“In this country today without exception, I appeal to us Nigerians, Bayelsa people to allow the judiciary to be used by God, to be allowed to work to the best of their ability and conscience to deliver incorruptible and sound judgement.”Diri said that the trust of the public lies with the judiciary which demands justice for all manner of people, irrespective of the class in the society.The governor urged the judiciary especially the judges to always stand tall on what is right, as they are highly autonomous as an arm of the government.On her part, Justice Matilda Ayemieye, the Chief Judge of Bayelsa, commended the Bayelsa government for the support in various ways to ensure that the judiciary is autonomous.She said that the judiciary enjoys cordial working relationship with the Nigeria Bar Association, the Legislature and the Executive.The chief judge said that the new legal year allows them to assess the previous year, adding that it is a day of accountability towards the people they serve and to strengthen the rule of law.Ayemieye said that the Bayelsa judiciary aspires to be one of the best judiciary as they have earned respect among other judiciary in the country.Also, Mr Biriyai Dambo (SAN) the Attorney General and Commissioner for Justice, expressed happiness over the commencement of the new legal year.He said that they are committed to service delivery in Bayelsa and commended the bar and the bench for their hard work to ensure that justice is served in Bayelsa.The Commissioner said that for the past years the judicial system had changed and that the welfare of the judiciary and that of the Ministry Justice is one of the priorities of Diri’s administration which has paid in full all monies owed law officers.“This current administration has boosted the morale of law officers, as they have contributed to the justice delivery in Bayelsa state.“This current administration has equally assisted the NBA Yenagoa and Sagbama branches respectively. My office is wide open to enhance the justice system in Bayelsa state,” he said. (NAN)
The Federal High Court in Abuja has dismissed cybercrime charges filed by the Inspector-General of Police against a female medical doctor, Bolanle Aseyan. Delivering judgment on Friday, Justice Peter Lifu discharged and acquitted Aseyan, stating that the police failed to prove the essential elements of the alleged offences.
The Inspector-General had arraigned Aseyan on a four-count charge of defamation, harassment, and intimidation against another doctor, Olufunmilayo Ogunsanya. The police alleged that Aseyan used social media platforms to harm Ogunsanya’s reputation. He was said to be her former boyfriend. The charges were filed under Section 24 of the Cybercrime (Prohibition, Prevention) Act, which addresses online threats and cyber harassment. To support the case, the police presented three witnesses. Aseyan also called two witnesses to testify in her defence during the trial. Justice Lifu, while reviewing the matter, noted both doctors were once in a romantic relationship before it turned sour. He further observed that the two had sexual relations while in the United Kingdom and later made conflicting social media posts against each other. The judge held that the prosecution failed to prove its case beyond reasonable doubt and therefore could not secure a conviction. Specifically, the judge said the defendant’s alleged Twitter handle used in the cyberbullying was not tendered as evidence before the court. Justice Lifu also said there was no proof of threats or intimidation, but rather evidence of a previous affectionate relationship. Consequently, the judge dismissed all four charges, discharged and acquitted Aseyan, and declared the case closed. He ordered the police to immediately return all seized items, including her international passport, upon service of the judgment. Aseyan said she met Ogunsanya online in 2019 and travelled to the United Kingdom in 2020, where she claimed she was raped. She stated that upon arrival in Leeds on March 7, 2020, tired and disoriented, Ogunsanya offered her wine shortly after she got to his home. She alleged that after taking the drink, she passed out and later woke up to find that he had allegedly had sex with her without consent. Aseyan further claimed that Ogunsanya maltreated her before she returned to Nigeria shortly after the alleged incident. (NAN) From Abdullahi Abubakar, Ilorin.
A Kwara State High court sitting in Ilorin has sentenced Abdulrahman Bello, a self-acclaimed cleric and the killer of Hafsoh Lawal, a final year student of the Kwara State College of Education to death, by hanging. This was contained in a judgement delivered by Justice Hannah Ajayi on Thursday, in which, four other defendants were set free and cleared of any wrongdoings.
Charged with five-count, the judge started by acquitting the four out of the five defendants namely Ahmed Abdulwasiu, Jamiu Uthman, Suleiman Muyideen and Abdulrahman Jamiu of any complicity, subsequently setting them free of taking part in the death of the victim (Hafsoh Lawal).
However, Justice Ajayi, while delivering judgment on the main culprit, described Bello’s act as cruel, wicked, and an extreme display of human wickedness, saying all evidence proved that Hafsoh was killed in order to be used for money ritual and trading in human parts.
The judge further noted that Abdulrahman’s confession of love and plan to marry the victim, are all concocted lies to lure her to his residence in order to kill her. She therefore sentenced Abdulrahman Bello to death by hanging while setting free the other four suspects not guilty.
It would be recalled that the victim went missing, sometimes in February 2025, shortly after attending the naming ceremony of a family member. When she left, but didn’t return later in the day, her parents went into panic mode, and search party was raised, and a complaint was lodged at the police station.
Her phone line was tracked, and traced to the suspect’s (as it were) area. Upon invitation and interrogation, it was discovered that he is a serial killer, who had killed many victims before Hafsoh.
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