Justice Nnamdi Dimgba of the Abuja Division of the Federal High Court yesterday washed his hands off the suit seeking to name Fulani herdsmen, a terrorist organisation.The suit, which was instituted in a May 11, 2018, by a Makurdi-based legal practitioner, Matthew Nyiutsa, has suffered some setbacks since it was filed.

Hearing in the ex-parte motion had commenced in June, before Justice Gabriel Kolawole, before he was elevated to the Court of Appeal.

Before he left to the appellate court, however, Justice Kolawole was to deliver ruling on the ex-parte application on June 21, 2018.

The said motion ex-parte dated and filed at the registry of the court on May 11, 2018, was 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.

Mindful of the urgent nature of the suit, the plaintiff had applied and obtained the leave of the Federal High Court for the matter to be heard by a vacation Judge.

However after listening to submissions made by the plaintiff, who appeared in person, Justice Dimgba said he was not comfortable to adjudicate on the case as a vacation Judge.

Accordingly, he ordered that the case file be returned to the Chief Judge of the Federal High Court, Justice Abdul Karafati for re- assignment to a regular court after the court’s vacation.

In addition, the plaintiff in the suit marked FHC/ABJ/CS/499/18 is seeking the prohibition of all activities of Fulani herdsmen in Benue State that have resulted in the deliberate and intentional killings, masacre, 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.

He is specifically seeking the leave of court to compel President Muhammadu Buhari and Attorney General of the Federation to make a move to legally proscribe herdsmen operating in Benue State and Miyetti Allah Kautal Hore as terrorists and terrorist organizations, respectively.

The lawyer, who resides in Guma Local Government Area of the state, said he is one of the numerous victims of continuing herdsmen attacks on communities in Benue State.

He has prayed the court to declare that the series of armed attacks particularly from January 1, 2018 to May, 2018 on inhabitants of communities in Guma, Logo, Makurdi, Gwer-East, Buruku, Tarka, Katsina-Ala and Ukum Local government Areas of Benue State by herdsmen by in Mbadwen, Uvir, Mbabai, Nyier, Mbayer/Yandev and Saghev Council wards of Guma Local government and some parts of Gwer- West Local government Areas amount to acts of terrorism as defined under section 1(3) of the Terrorism (Prevention) Act, 2011 as amended.

The plaintiff who is demanding the sum of N50 million as exemplary damages against the respondents further prayed 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 herdsmen.

He further prayed the court for a declaration that the threat issued by Miyetti Allah Kautal Hore, through Alhaji Abdullahi Bello Bodejo and Saleh Al-Hassan as National President and Secretary respectively during a press conference at Kaduna sometime in June, 2017, to the effect of mobilising their members and other herdsmen to cause anarchy in Benue state amount to support for act of terrorism under section 5 of the Terrorism (prevention) Act, 2011 as amended.

According to him, in 2014, nine of his family members were killed by armed herdsmen with other 24 family members killed by herdsmen on January 1, 2018 at Tom-atar.

Attached to the suit were copies of death report and report by a medical practitioner, and burial programme for mass burial of the victims of the attacks by the herdsmen.

The judge's life must have been threatened

No small matter

Hh

Judge be like: "Abeg, I cannot put hand insude Buhari family matter.
E go be"

He has obviously been threatened.

This Buhari administration is a reign of Islamic terror.

The case to declare ipob terrorist didn't take hours to finalise but the case to declare fulani herdsmen as terrorists is taking forever. For those of who may not know, ipob killed zero people, destroyed zero properties but fulano herdsmen have killed thousands of people, destroyed properties and crops. The UN has declared the fulani herdsmen a terrorist group and one of the deadliest but here in naija buhari has failed to and vehemently refused to do so even after thousand have been murdered by the herdsmen. How much more biased can buhari be?

izombie:
The case to declare ipob terrorist didn't take hours to finalise but the case to declare fulani herdsmen as terrorists is taking forever. For those of who may not know, ipob killed zero people, destroyed zero properties but fulano herdsmen have killed thousands of people, destroyed properties and crops. The UN has declared the fulani herdsmen a terrorist group and one of the deadliest but here in naija buhari has failed to and vehemently refused to do so even after thousand have been murdered by the herdsmen. How much more biased can buhari be?

Buhari will always protect the Fulani Herdsmen, no matter how many people they kill. They are his kindred.

IPOB are not Buhari's kindred so he has no problem coming after them with the Army and declaring them terrorist even though they were never armed or killed anyone

That's bigotry, nepotism and favouritism all rolled into one

It is expected. Anyone that dares challenge Miyetti Allah terrorist group and their members (responsible for genocide in middle belt) are always threatened with death.