BREAKING: Chief Omirhobo ask Court to stop open grazing in Niger Delta

BREAKING: Chief Omirhobo ask Court to stop open grazing in Niger Delta

IN THE FEDERAL HIGH COURT OF NIGERIA
IN THE ASABA JUDICIAL DIVISION
HOLDEN AT ASABA

                  SUIT NO: FHC/............................……….……../2020 

AN APPLICATION BY CHIEF MALCOLM EMOKINIOVO OMIRHOBO FOR THE ENFORCEMENT OF HIS FUNDAMENTAL RIGHTS AND THOSE OF THE NIGERIAN PUBLIC IN DELTA STATE.

BETWEEN

CHIEF MALCOLM EMOKINIOVO OMIRHOBO (suing for himself and in the interest of the Nigerian Public in Delta State, especially the poor, weak , illiterates, uninformed and vulnerable ones)….………………………………………..…..APPLICANT

AND

  1. THE DELTA STATE GOVERNMENT
  2. THE GOVERNOR OF DELTA STATE
  3. THE ATTORNEY GENERAL OF DELTA STATE
  4. THE DELTA STATE HOUSE OF ASSEMBLY
  5. THE DELTA STATE COMMISSIONER OF POLICE
  6. THE FEDERAL GOVERNMENT OF NIGERIA
  7. THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA
  8. THE ATTORNEY GENERAL OF THE FEDERAL REPUBLIC OF NIGERIA
  9. THE NATIONAL ASSEMBLY OF NIGERIA
  10. THE INSPECTOR GENERAL OF THE NIGERIAN POLICE
  11. THE NIGERIAN ARMY
  12. THE INCORPORATED TRUSTEES OF MIYETTI- ALLLAH KAUTAL HORE SOCIO CULTURAL ASSOCIATION
    …………………………………………………..RESPONDENTS

ORIGINATING MOTION

BROUGHT PURSUANT:

(1) TO ORDER II RULE 1 OF THE FUNDAMENTAL RIGHTS
(ENFORCEMENT PROCEDURE) RULES 2009 AS PRESERVED BY SECTION 315 OF 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED).

(2) SECTIONS 33, 34, 35, 41, 42, 43 AND 46(1) OF THE 1999 CONSTITUTION OF THE FEDERAL REPUBLIC OF NIGERIA (AS AMENDED).

(3) ARTICLES 4, 5, 6, 12 , 14 AND 19 OF AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS (RATIFICATION AND ENFORCEMENT) ACT CAP 10) LAWS OF THE FEDERATION OF NIGERIA 1990,

(4) THE INHERENT JURISDICTION OF THIS HONOURABLE
COURT.

TAKE NOTICE that this Honourable Court will be moved on the ………… day of …………………….. 2020 at the hour of 9 0’clock in the forenoon or so soon thereafter as Counsel on behalf of the Applicant may be heard praying for the followings:

1.  A DECLARATION OF COURT that the killing of 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 by armed Fulani herdsmen and members of the 12th Respondent  with the tacit support of the 1st to 11th Respondents  and the fear, apprehension and tension of the Nigerian Public in Delta State of  the  likelihood  of being  killed by Fulani herdsmen and members of the 12th Respondent is a flagrant violation and a breach of the  Applicant’s fundamental right and those of the Nigerian Public  in Delta State fundamental right  to life as guaranteed by the Section 33 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 4 of the African Charter on Human and People’s Rights (Ratification and Enforcement  Act ) LFN 1990  and therefore improper, illegal, unlawful and unconstitutional.
  1. A DECLARATION OF COURT that it is the fundamental right of the Nigerian Public in Delta State to own land and that the violent attacks and criminal trespass on the land of 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 and their dislodgement there from by heavily armed Fulani herdsmen and members of the 12th Respondent with the tacit support of the 1st to 11th Respondents and the fear and apprehension of the Applicant and the Nigerian Public in Delta State of the likelihood of being dislodged from their land by heavily armed Fulani herdsmen and members of the 12th Respondent is a flagrant violation and a breach of the Applicant’s fundamental right and those of the Nigerian Public in Delta State fundamental right to own land in Nigeria as guaranteed by Section 43 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 14 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore improper, illegal, unlawful and unconstitutional.
  2. A DECLARATION OF COURT that the brutal rape of Females/Women (MOTHERS, DAUGHTERS, WIVES, SISTERS, NICES , AUNTIES, GROUNDMOTHERS) 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 by the Fulani herdsmen and members of the 12th Respondent in their homes, farm land, roads, riversides and bushes in Delta State and the fear and apprehension of the Females/Women in Delta State of the likelihood of being brutally raped in their farms, bushes, roads and river side by heavily armed Fulani herdsmen and members of the 12th Respondent is debasing and dehumanizing and consequently a violation of the Females/Women of Delta State fundamental right to the dignity of their person as enshrined in sections 34 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 5 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore improper, illegal, unlawful and unconstitutional.
  3. A DECLARATION OF COURT that the restriction of the movement of the Nigerian Public in Delta State to visit their farms, rivers or bushes for their survival and sustenance or to
    travel by road or water from one community to the other within Delta State for business and socio engagements by Fulani herdsmen and members of the 12th Respondent with the tacit support of the 1st to 11th Respondents and the fear, apprehension and tension of the likelihood of being killed, raped, dehumanized, degraded and exhorted by heavily armed Fulani herders men and members of the 12th Respondent that restricts the Applicant and members of the Nigerian Public in Delta State from moving freely to their farms, markets and traveling for business and socio engagements from one community to the other is a violation of the Applicant’s and the Nigerian Public in Delta State fundamental right to move freely within Delta State as enshrined in section 41 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 12 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore illegal, unlawful and unconstitutional.
  4. A DECLARATION OF COURT that the demand of tolls/ levies and/or protection money by Armed Fulani herdsmen and members of the 12th Respondent from their host Communities in Uwheru of Ughelli North Local Government Area of Delta State and environs before they can enter their farms, bushes and waters to farm, hunt and fish is a flagrant violation of their fundamental rights to respect for the dignity of their persons, their rights to life, freedom of movement and freedom to own landed property as enshrined in sections 34. 33, 41, and 43 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) .and Articles 5, 4, 12 and 14 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore improper, illegal, unlawful and unconstitutional.
  5. A DECLARATION OF COURT that the Kidnapping of 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 by Armed Fulani herdsmen and members of the 12th Respondent with the tacit support of the 1st to 11th Respondents and the fear or apprehension of the likelihood of being Kidnapped caused by the activities of the Fulani herds men and members of the 12th Respondent is a flagrant violation of the Applicant’s and the Nigerian Public in Delta State fundamental rights to their personal liberty as enshrined in sections 35 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore improper, illegal, unlawful and unconstitutional.
  6. A DECLARATION OF COURT that the privilege and advantage afforded to the Fulani herdsmen and members of the 12th Respondent by the 1st to 11th Respondents to be armed with unlicensed Assault rifles and AK 47 riffles with which they have been and have continuously on daily bases use to kill, harass, intimidate, coerce, subjugate and terrorize Nigerian Citizens 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 while other Nigerian citizens in Delta State are not allowed to have even licensed guns to exercise their right to self defence in proportionate measure to their assailant Fulani herds men is a violation of the Applicant’s and the Nigerian Public in Delta State right to freedom from discrimination and right to life as enshrined in sections 42 and 33 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Articles 19 and 4 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore illegal, unlawful and unconstitutional.
  7. A DECLARATION OF COURT that the privilege and advantage afforded to the Fulani herdsmen and members of the 12th Respondent by the 1st to 11th Respondents to trespass on the land of Nigerian Citizens 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 destroying their crops and properties with their cattle, killing, raping and terrorizing them without being made to suffer any consequences under the law, a right of impunity which other Nigerian citizens do not enjoy is a violation of the Applicant’s and the Nigerian Public in Delta State right to freedom from discrimination as enshrined in section 42 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 19 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act) LFN 1990 and therefore illegal, unlawful and unconstitutional.
  8. A DECLARATION OF COURT that there is no law or Policy in Nigeria created by the 1st , 4th, 6th and 9th Respondents that makes Delta State a Cattle/Cow Colony, a RUGA
    settlement for the Fulani herdsmen/members of the 12th Respondent or part of the National Livestock Transformation Program to warrant the trespass and intrusion of the Fulani herdsmen/ members of the 12th Respondent and their cattle on the land 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.
  9. DECLARATION OF COURT that the threat, apprehension intimidation, coercion, extortion, killings, raping, kidnapping, robbery, maiming and destruction of the properties 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 by Armed Fulani herdsmen/ members of the 12th Respondent with the tacit support of the 1st to 11th Respondents are Acts of Terror.
  10. A DECLARATION OF COURT that the 1st , 2nd , 3rd , 4th , 6th , 7th 8th , 9th , 10th and 11th Respondents have failed in their sacred and primary duties and responsibilities to protect the lives and properties of the Nigerian Public in Delta State.
  11. A DECLARATION OF COURT that the fundamental right of the freedom of movement throughout Nigeria and the right to reside anywhere in Nigeria including Delta State by the Fulani
    herdsmen/members of the 12th Respondent does not include the right to trespass on the land of other Nigerian citizens 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 with their cattle, to destroy their crops and properties.
  12. A DECLARATION OF COURT that the open grazing of Cattle and other livestock in Delta State is outdated, unfashionable, improper, unlawful, illegal and unconstitutional in the 21st century.
  13. A DECLARATION OF COURT that ranching as opposed to open grazing is the best way in the 21st century for the Fulani herdsmen and members of the 12th Respondent to rear their cattle in Delta State.
  14. AN ORDER OF COURT for the enforcement of the fundamental rights of the Applicant and 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 to life,
    dignity of human person, personal liberty, freedom of movement, right to freedom from discrimination and right to own landed property via the 1st to 11th Respondents’ protection of the fundamental rights of the Nigerian Public in Delta State from the scourge of the Fulani herdsmen/members of the 12th Respondent and their cattle.
  15. AN ORDER OF COURT compelling the 1st to 11th 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 propety of the Applicant and those 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.
  16. AN ORDER OF COURT outlawing and/or banning open grazing of cattle and other livestock 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.
  17. AN ORDER OF COURT compelling the 12th Respondent and her members and Fulani herdsmen in Delta State to apply to the 1st to 3rd Respondents for land for ranching.
  18. A PERPETUAL INJUNCTION restraining the Fulani herdsmen and members of the 12th Respondent and the personnel of the 11th Respondent 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.
  19. AND for such further order or orders as this Honourable Court may deem fit to make in the circumstances of this case.

DATED THIS 28TH DAY OF FEBRUARY, 2020.

 209 total views,  2 views today

0 Shares

You May Also Like

Leave a Reply

Your email address will not be published. Required fields are marked *

Share via
Copy link
Powered by Social Snap