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Published On: Fri, Jul 5th, 2019

Court dismisses Miyetti Allah’s suit to stop Benue open grazing law

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By Vivian Okejeme Abuja

The Federal High Court Abuja, yesterday, dismissed a suit filed by Miyetti Allah Kautal Hore, praying the court to stop the Benue State Government from implementing the Open Grazing Law.
Following the incessant clashes between herdsmen and farmers, the Benue state Assembly, passed the Open Grazing Prohibition and Establishment bill into law in 2017, to curb the trend.
The trial judge, Justice Okon Abang also awarded a cost of N100, 000 against the plaintiff to be paid to all the 14 defendants before any other step can be taken in the suit
Delivering the ruling yesterday, Justice Abang held that the Miyetti Allah Kautal Hore, failed to comply with an earlier order of the court delivered in 2017 by Justice Bamidele Qudari.
The court had in the order, stated that there is no valid originating summons before it regarding the suit and directed the group to file an amended originating summon.
Consequently, Abang held that the plaintiff was nonchalant, developed a carefree, attitude and did nothing for upwards of 19 months adding that the plaintiff treated the court order with disdain and levity.
He held, “For 19 months, since December till date, the plaintiff failed to file the amended originating sermon following an order of a judge of the Federal High Court to do so with 5days.
“The plaintiff was in court when this order was made but failed to comply or appeal the order.
“No valid originating summons was filed by them.
“For them to have not done anything for 19months, they should have themselves to blame. The court order remains valid.
“If the originating summons is not filed, there would be no way the defendants would file a counter affidavit.
“The purported originating summons filed on May 31, 2019, is a nullity and should not have been file.
“In the eyes of the law, there is no valid originating summons filed by the plaintiff.
“Why did the plaintiff not comply with the court order if they know they have a good case?
“The court should not only bark but should also bark and bite and break bones where necessary, but, not the bones of the parties involved in the matter.
“The matter is also an abuse of court processes, where the court process is abused, the suit should be dismissed.
“The plaintiff suit is hereby dismissed with a cost of N100,000 to be paid to all the 14 defendants before taking any other step,” the court held.

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