Court dismisses Miyetti Allah’s Suit to stop Benue Open Grazing Law

Justice Okon Abang of the Federal High Court in Abuja has dismissed a suit filed by Miyetti Allah Kautal Hore, challenging and seeking to restrain the Benue state government form implementing the  2017 Open Grazing Prohibition and Establishment Law passed by the State House of Assembly.

The Benue state government had passed into law the 2017 Open Grazing Prohibition and Establishment following incessant killings resulting from the clashes between herdsmen and farmers in the state.

The Miyetti Allah Kautal Hore had approached the court to obtain a restraining order for the Benue State government from implementing the law as passed by the Benue State House of Assembly in May 2018.

Delivering judgement in the suit today July 4th, Justice Abang held that the Miyetti Allah Kautal Hore failed to comply with an earlier order of the court delivered in 2017 wherein the court had directed it to file an amended originating summons.  Justice Abang said the judge had given Miyetti Allah five days to comply with the order of the court but they brought the summons before the court on May 31st 2019.

Based on this, Justice Abang held that the plaintiff was nonchalant, developed a carefree, attitude and did nothing for upwards of 19 months.

“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,” he ruled