Godwin Tsa, Abuja
Hearing in the suit seeking the order of the Federal High Court compelling President Muhammadu Buhari to uphold and enforce the Open Grazing Prohibition and Ranches Establishment Law, 2017 passed by the Benue state House of Assembly on Thursday suffered another set back.
The suit is instituted by a Makurdi based legal practitioner, Mr. Matthew Nyiutsa via an
originating summons marked FHC/ABJ/CS/1213/2018, pursuant to section 6(6)(b) of the 1999 constitution and order 3 rule 6 of the Federal High Court procedure rules, 2009.
However, hearing in the suit which was filed at the registry of the court on October 26, 2018 has suffered several adjournments since it first came up before Justice Ojukwu in December 12, 2018.
For instance, the case was adjourned nine times before the same judge before it was later transferred to a vacation Judge, Justice Maha on June 10, 2019.
It was slated for hearing on July 18, 2019 by Justice Maha, the matter was not heard and was further adjourned to July 22, 2019 for hearing.
On July 22, the matter came up but was not heard by the court which further adjourned to August 2, 2019.
On the said date, Justice Maha said the matter could not be heard because she was unable to exhaust the cause list as at 7:40 pm on August 2, 2019.
She accordingly referred the matter to another vacation judge, Justice Taiwo Taiwo, after exhausting her period as a vacation judge.
Although the case was adjourned for Thursday August 15, 2019, it was not listed on the cause list.
When the attention of the court was drawn to the pending suit, Justice Taiwo declined to hear the case and ordered that the case file be taken back to Justice Ojukwu.
Justice Taiwo held that there was no urgency in the matter and therefore it cannot be entertained by a vacant court.
The suit is seeking the determination of the court as to “Whether having regard to the provisions of the oath of office President of the Federal Republic of Nigeria in the 7th schedule to the constitution, pursuant to section 140 of the constitution, the defendant (Buhari) who took the said oath …..”I will discharge my duties to the best of my ability, faithfully, and in accordance with the constitution of the federal Republic of Nigeria and the law…” and I will to best of my ability preserve, protect and defend the constitution of the federal Republic of Nigeria. “has by so doing not incurred mandatory obligations to uphold and enforce, by himself and or through relevant agents or agencies or institutions of the government of the federation of Nigeria under his legitimate control the Benue State Open Grazing prohibition and Ranches Establishment law, 2017.
” Whether the said Open Grazing prohibition and Ranches Establishment law, 2017 is such law as contemplated under section 318 of the Constitution of the FRN, to be so incorporated in the oath of office of the president in the 7th schedule to the said constitution to which the defendant took and subscribed to on the 29/5/2015?
The plaintiff is asking the court for “a declaration that the Open Grazing prohibition and Ranches Establishment law, 2017, was validly passed by the Benue state House of Assembly in line with the legal due process provided under section 100 of the 1999 constitution, and therefore comes under the contemplation of the law as defined under section 318 of the said constitution thus being part of the law envisaged and contemplated in the oath of office of the president in the 7th schedule to the 1999 constitution.
” A declaration that the refusal, reluctance and unwillingness of the defendant to enforce the provisions of the Benue state Open Grazing prohibition and Ranches Establishment law, 2017, is inconsistent with the binding provisions of the oath of office which the defendant swore and undertook to protect, uphold and enforce the constitution and therefore unconstitutional and invalid.
“A mandatory order directing/ commanding the defendant to uphold and enforce the said Benue state Open Grazing prohibition and Ranches Establishment law, 2017, by directing all relevant agents/agencies or institutions of the FRN under his control within and out of Benue state to enforce the law.