The Abuja division of the Federal
High Court has set aside June 11 to commence hearing in a suit seeking the
proscription of Fulani herdsmen as a terrorist organization.
The plaintiff in the suit marked
FHC/ABJ/CS/499/18 is also seeking the “prohibition of all activities of Fulani
herdsmen in Benue State that has resulted in the deliberate and intentional
killings, masscare, wanton destruction of both private and public properties
including residential and commercial houses, schools, hospitals/ clinic,
markets, water boreholes/reservoirs, invasion of ancestral lands of the
inhabitants as acts of terrorism under the Terrorism (Prevention) Act, 2011 as
amended.”
The suit instituted by a
Makurdi-based legal practitioner, Matthew Nyiutsa, is seeking the leave of
court to compel President Muhammadu Buhari and the Attorney General of the
Federation to move a court of competent jurisdiction to proscribe Fulani
herdsmen operating in Benue State and Miyetti Allah Kautal Hore (MAKH) as
terrorists and terrorist organisations, respectively.
Justice Gabriel Kolawole fixed
the date after the ex parte motion dated and filed at the registry of the court
on May 11, 2018, brought pursuant to order 34 Rule (2) and (3) of the Federal
High Court (civil procedure) rules, 2009 and under the inherent jurisdiction of
the court, was assigned to him for adjudication.
The lawyer, who resides in Guma,
Benue, said he is one of the numerous victims of continuous Fulani herdsmen
attacks on communities in the middle belt state.
He asked the court to declare as
acts of terror the series of armed attacks, particularly from January to May,
on inhabitants of communities in Guma, Logo, Makurdi, Gwer-East, Buruku, Tarka,
Katsina-Ala and Ukum local government areas of Benue State by Fulani herdsmen,
resulting in the death of over 200 persons, and the destruction of both private
and public property. He cited section 1(3) of the Terrorism (Prevention) Act,
2011 as amended, to argue his case.
The plaintiff, who is demanding
the sum of N50 million as exemplary damages against the respondents, further
asked the court to declare that the “Attorney General of the Federation and
President Buhari (1st and 2nd respondents) have mandatory statutory duties and
obligations under section 2 of the Terrorism (Prevention) Act to act in the
circumstances of the prevailing acts of terrorism perpetuated by the Fulani
herdsmen by causing an application to lie before a court of competent
jurisdiction for, inter alia, an order proscribing the Fulani herdsmen and
Miyetti Allah Kautal Hore (MAKH) having been reasonably suspected of carrying
out the said criminal activities and acts of terrorism as terrorists and
terrorists group respectively.”
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