By Rabiu Doma,Nasarawa
Senior Advocate of Nigeria J.S Okutepa, The counsel to the Government of Nasarawa state has described the application filed by the legal Adviser to Ombatse militia group, Barrister Zachary Allumaga as lacking substance.
Counsel to the state Government speaking to journalist at the premises of the court ascribed the Ombatse group as alien, He further averred that the group was not a registered group.
”The group has no certificate of incorporation, is not registered by the corporate Affairs Commission, He in addition said the Association has no legal backing”to sue .
“There is no any act in the Nigerian Judicial system given any citizen the leverage to form any illegal group that maimed ,killed and confiscate firearms, When asked why the court adjourned the case to the 07/03/2014,Okutepa(SAN) maintained that the adjourned was for the benefit of the complainant .
“The applicant (Allumaga ) said his lawyer is sick that was the reason behind the delay and adjournment of the matter, Issues of Fundamental Human Right in a court of competent jurisdiction has to be attended to in not less than one week, But the case of Allumaga/Is an exception.
He further opine that Ombatse group is not a registered group ,it cannot sue, rather is an association akin to illegality, while fielding questions on the decision of the Legal Adviser to the proscribed group to present a video clique as an evidence before the court.
“since the legal Adviser to Ombatse group filed an application challenging the state Government for tramping on their Fundamental Human Right (FHR) The issue of video clique of the permanent secretary to the state ministry of Health that attend the opening session of Ombatse shrine at Allogani should not be included”, said Justice Okutepa .
The counsel to the state Government confided that the proscription of Ombatse militia group was done through the right channel.
Zachary Allumaga, The embattled legal Adviser to Ombatse and coordinator to the chief priest insisted that Ombatse still exist even after it outlaw by the Nasarawa state Government.
”The Governor of Nasarawa state on the faithful day of 29th November 2012 visit Allogani prayer house and promise us money and operational vehicle, Governor Al-Makura is remain our financier”, He Added.
The Chief Justice of Nasarawa state, Justice Suleiman Umar Dikko, The presiding Judge of High court 1, Lafia adjourned the matter to the 07/03/2014 for hearing.
It could be recalled that, Barrister Zachary Zamani Allumaga on behalf of himself and the group (Ombatse) filed an affidavit challenging the Government of Nasarawa State seeking for an order for the enforcement of their FHR.
In a motion number NSD/LF31M/13 joining the Government of Nasarawa state.
Attorney General Nasarawa state/commissioner of Justice.
The Judicial commission of Inquiry
Governor Umaru Tanko Al-Makura as respondents.
The ongoing legal battle between the Government of Nasarawa State and the Ombatse group ,Is no longer news has affect the report of the Judicial commission of Inquiry to unravel 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,Baba Alakyo during the public hearing and the non-submission of the report which was slated to be submitted to the state Government December 2013 continued to generate fears that the commission was a mere window dressing in spite of the chunk of tax-payers money committed into the project.
The reliefs of sought by the applicant are that 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 with 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.
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.
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.
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 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 supposed 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.
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 2013.
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.