a video coverage of his attendance will be relied upon at court hearing
Rabiu Doma, Nasarawa
In spite of the setting up of the Judicial Commission of Inquiry over the brutal massacre of Joint security Agents in Alakyo village by Ombatse ,Eggon militia on the 7/5/2013,The non appearance of the spiritual head of the group before the Judicial commission of Inquiry continued to generates public comments on the just concluded fact finding commission.
Fresh fact has emerged by the embattled legal Adviser of Ombatse that Governor Al-Makura visits Ombatse shrine (prayer ground) on 2nd/2/2013 for the re-opening of the prayer session and later on visits Ombatse prayer ground after the proscription of the group on 29/11/2012.
“The Governor sent his permanent secretary ministry of health, Alhaji Suleiman Abdullahi Muhammad on 2/2/2013 to represent him at the re-opening session of the Eggon prayer group which was suspended due to it ban by the legal notice of Nasarawa state.
“It further reveal that the permanent secretary who represent Governor Al-Makura pleaded with the group that the Governor could have been here personally if not his tight schedules expecting the Canadian Ambassador at the Government House.
He further stated that,”His Excellency told me to intimate you that he will give the group all sorts of support in any kind, saying supporting the group is necessary if that will foster peace and tranquility in the state.
RELIEFS OF SOUGHT BY THE APPLICANTS
In his declaration he further aver that
1. Nasarawa state legal notice number 4 is illegal, unlawful and unconstitutional because members of the group were not invited before the ban.
2. That the conditions precedent to the exercise of the power of the ban did not complied to the legislative making process.
3. The applicant has the right to freedom to assemble freely.
4. Is a gross violation of the applicant’s right to freedom of Association?
5.Is a gross violation of applicants Fundamental Human Right to free hearing as enshrined in section 36 (1) and (5) and sections 34 and 40 .
The purported legal notice number 4 is null and void and of no legal effect as the requisite condition precedent and the exercise of the power of proscription by the Government of Nasarawa state under the relevant laws were not complied with.
The legal Adviser avers that he will make available a video coverage of the averment as an exhibit at the hearing of the motion.
That i know as a fact that the penal code (ban of Ombatse group and other ethnic militia order 2012,not having been made in accordance with the law has breached the right to freedom of thought ,conscience and religion of the applicant and other member of the group.
That i know as a fact that it is the same purported Ombatse proscription order 2012 that i now filed this action to has it annulled.
AN ORDER OF INJUNCTION
This to restrain 1,3 respondent ,Government and Judicial commission of Inquiry from acting on the commission’s report
That the group claim for the award of N500, 000 damages to Ombatse group.
GROUND FOR SEEKING THE RELIEF
The group is a cultural prayer group whose sole aim is to purge the Eggon nation of societal ills.
The group was ban without any plausible reason.
The conditions were not complied before the ban
Is illegal and unconstitutional to rely on the term of reference of the judicial commission of Inquiry to make their findings against the applicant which is breach of Fundamental Human Right.
The Governor on 18/12/2012 called us and held a meeting with all the Ombatse officials including myself at his personal abode along Jos road
The legal Adviser to the group, Zachary Zamani Allumaga has described the commission as death before arrival, In regard to the ban of the outlawed group, The coordinator to the chief priest who drag the state Government to court for tramping on the Fundamental Human Right with the application of legal notice number 4 of Northern Nigeria applicable to Nasarawa state as illegal.
Allumaga petitioned honorable Justice Aisha Ahmed of High court 3 Lafia for ganging and supporting illegality of all sort, saying the judiciary which suppose to be the last resort to the common man was hijacked by self-seeking individual
In a petition addressed to the Honorable chief Judge and chairman judicial service commission, Nasarawa state Judiciary, High court Headquarter complex Shendam road, Lafia.
It read in part ,As normally expected of every matter assigned to the court, The Honorable Judge went through the file and in her wisdom but to my utmost shock and consternation ,Fixed the hearing of the matter to 27/2/2014 ,a, date about well over three months.
The hearing notice in respect thereof is hereby annexed and marked as annexure “A” for your guidance ,This is contrary to the directive of chief Justice of Nigeria as contained in order 4 rule 1 which states and i quote
“An application shall be fixed for hearing within seven days from the day the application was filed.
This matter needs a prior attention over regular pending cases in the court, The said Judge has been over reached to compromise or complicate the cause of justice as the court also gang up to frustrate the cause of justice.
In lieu of this petition call on the Honorable chief Judge and chairman Judicial Service Commission to the re-assignment of this case to another Judge dated this date 18/11/2013.
Allumaga in a motion suit number NSD/LF3/31M/13 at the state High court restraining the Judicial commission of Inquiry from submitting it report to the chief executive.
The legal Adviser was seeking for court injunction to also restrain respondent 1,3 from submitting its report to the state Government which was slated for December this year.
As well stopping the state Government from implementing or putting into use any report, findings or opinion rendered by or submitted by the forth respondent in their capacity as judicial commission of Inquiry.
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