Judge Returns Case File Involving Herdsmen, Benue Govt To CJ

A crisis of confidence is allegedly brewing at a federal high
court in Abuja between Justice Binta Murtala-Nyako of the court and
some of the staff who are from Benue State.

Our correspondent gathered that some of her staff who are
indigenes of Benue State have already been redeployed.

According to investigation, the redeployment may not be
unconnected with a case involving the leadership of Fulani herdsmen
and the Benue State government.

But the court in its reaction said the redeployment was a
routine exercise.

‎According to our finding Justice Murtala- Nyako’s decision was
based on the fact that her safety was no longer guaranteed with the
embattled staffers.

A staff of the court who confided in our correspondent said the
drama started when a Senior Advocate of Nigeria, who appeared
before her in a suit involving Fulani herdsmen and the Benue State
government, requested that the case file be transferred to the
Acting Chief Judge, Justice Abdul Kafarati, for reassignment to
another judge.

The plaintiffs in the suit, Engr. Saleh Alhassan, Alhaji
Abdullahi Bello Bodejo, members of Miyatti Allah Kautal Hore
Socio-Cultural Association, sued Benue State government over the
anti-open grazing law it enacted in May, 2017.

Defendants in the suit are the Inspector-General of Police,
Ibrahim Idris, the Attorney General of the Federation, Abubakar
Malami, SAN, Benue State government, Benue State House of Assembly
and the commissioner of Police, Benue State.

The applicants in the motion on notice prayed the court to
declare that the publication calling for the arrest of members of
Miyatti Allah for peace to reign in Benue State was sponsored by
the state government through a body known as Benue Youth
Movement.

The motion which was brought pursuant to order 2 rule 1(1) of
the Fundamental Rights Enforcement of the fundamental human right
to personal liberty rights, prayed an order of perpetual injunction
restraining the respondents by themselves, agents and privies from
harassing, molesting, arresting, abducting and detaining the
applicants in any part of the country without compliance with due
process of law.

Meanwhile, the respondents in their counter-affidavit vehemently
opposed the application. They maintained that contrary to the
submissions of the applicants, the respondents never intimidated
the applicants.

The defendants through their lawyer, Chief Sebastine Hon, SAN,
averred that based on their public threats of causing mayhem in
Benue State as a result of the passage of the anti-open grazing
law, Governor Ortom wrote petitions against the applicants to
President Muhammadu Buhari and the Inspector-General of Police.

He also averred that the 3 and 4 respondents did not need to go
through any other body, like the Benue Youth Movement to petition
against the applicants.

Hon further prayed the court to grant the application in the
interest of justice especially in view of the fact that more than
100 Benue indigenes have been killed by Fulani herdsmen since the
applicants issued their threats.

However, when the matter came up for hearing before Justice
Binta Nyaka, the lead counsel for the 3,4 and 5 defendants, Chief
Hon brought a letter which was addressed to the court by the State
Attorney General, Mr. Michael Gusa.

The letter according to the constitutional lawyer was written
with the consent of Governor Samuel Ortom.

The letter sought the disqualification of the trial judge who
according to them was from the Fulani ethnic stock and that the
likelihood of bias was bound to play out.

A crisis of confidence is allegedly brewing at a federal high
court in Abuja between Justice Binta Murtala-Nyako of the court and
some of the staff who are from Benue State.

Our correspondent gathered that some of her staff who are
indigenes of Benue State have already been redeployed.

According to investigation, the redeployment may not be
unconnected with a case involving the leadership of Fulani herdsmen
and the Benue State government.

But the court in its reaction said the redeployment was a
routine exercise.

‎According to our finding Justice Murtala- Nyako’s decision was
based on the fact that her safety was no longer guaranteed with the
embattled staffers.

A staff of the court who confided in our correspondent said the
drama started when a Senior Advocate of Nigeria, who appeared
before her in a suit involving Fulani herdsmen and the Benue State
government, requested that the case file be transferred to the
Acting Chief Judge, Justice Abdul Kafarati, for reassignment to
another judge.

The plaintiffs in the suit, Engr. Saleh Alhassan, Alhaji
Abdullahi Bello Bodejo, members of Miyatti Allah Kautal Hore
Socio-Cultural Association, sued Benue State government over the
anti-open grazing law it enacted in May, 2017.

Defendants in the suit are the Inspector-General of Police,
Ibrahim Idris, the Attorney General of the Federation, Abubakar
Malami, SAN, Benue State government, Benue State House of Assembly
and the commissioner of Police, Benue State.

The applicants in the motion on notice prayed the court to
declare that the publication calling for the arrest of members of
Miyatti Allah for peace to reign in Benue State was sponsored by
the state government through a body known as Benue Youth
Movement.

The motion which was brought pursuant to order 2 rule 1(1) of
the Fundamental Rights Enforcement of the fundamental human right
to personal liberty rights, prayed an order of perpetual injunction
restraining the respondents by themselves, agents and privies from
harassing, molesting, arresting, abducting and detaining the
applicants in any part of the country without compliance with due
process of law.

Meanwhile, the respondents in their counter-affidavit vehemently
opposed the application. They maintained that contrary to the
submissions of the applicants, the respondents never intimidated
the applicants.

The defendants through their lawyer, Chief Sebastine Hon, SAN,
averred that based on their public threats of causing mayhem in
Benue State as a result of the passage of the anti-open grazing
law, Governor Ortom wrote petitions against the applicants to
President Muhammadu Buhari and the Inspector-General of Police.

He also averred that the 3 and 4 respondents did not need to go
through any other body, like the Benue Youth Movement to petition
against the applicants.

Hon further prayed the court to grant the application in the
interest of justice especially in view of the fact that more than
100 Benue indigenes have been killed by Fulani herdsmen since the
applicants issued their threats.

However, when the matter came up for hearing before Justice
Binta Nyaka, the lead counsel for the 3,4 and 5 defendants, Chief
Hon brought a letter which was addressed to the court by the State
Attorney General, Mr. Michael Gusa.

The letter according to the constitutional lawyer was written
with the consent of Governor Samuel Ortom.

The letter sought the disqualification of the trial judge who
according to them was from the Fulani ethnic stock and that the
likelihood of bias was bound to play out.