From Msurshima Andrew, Makurdi
A Makurdi High Court presided over by Justice Tertsea Kume, has fixed October 30, 2023, to hear the N5 billion suit instituted by Chief Emmanuel Viashima against the Governor of Benue State.
Also joined in the fundamental rights suit is the Commissioner of Police, Benue State, Benue State Government, Attorney General of Benue State and the chairman of the Benue State Asset Recovery Committee, Mr Hinga Biem.
Chief Viashima, the Chief Executive Officer of London Line Transport Company Limited is seeking general damages of N5 billion over the invasion of his business premises and carting away 32 vehicles by the Assets Recovery Committee set up by Governor Hyacinth Alia of Benue State.
Chief Viashima is also challenging the invasion of his residence located along David Mark Bye-Pass in Makurdi on July 17th, 2023, and carting away two of his vehicles, by the same Assets Recovery Committee.
When the matter came up for hearing, counsel to Chief Viashima, Andrew Wombo informed the court that the matter was fixed for hearing and he was ready to proceed.
Counsel to the Attorney General of Benue State , E.T. Nyityo told the court that he was not ready to proceed with the hearing as they were served with notice of hearing yesterday. He asked for adjournment of the case.
Counsel to Chief Viashima, Andrew Wombo opposed the application for adjournment, submitting that the main suit was served on the respondent since September 14, 2023 .
Wombo submitted that it was immaterial for the counsel to the Attorney General of Benue State to ask for an adjournment because a hearing notice was served on the respondents yesterday.
He disclosed that none of the respondents had filed any process in response to the suit and under Order 14, rule 2 of the fundamental right enforcement rule, 1999, the time allowed for the respondents to file their reply to the main suit had long elapsed.
Wombo asked the court to dismiss the application seeking adjournment.
The presiding Judge, Justice Tertsea Kume however granted a short adjournment and fixed Monday 30, October, 2023 for hearing of the main suit .
He also ordered that hearing notice be served on the other respondents ( the Governor of Benue State, Benue State Government and the Commissioner of Police) who were not in court .
In suit number MHC/253/23 , Chief Viashima is seeking a declaration that the invasion of the company’s business premises located near Adam Tony filling station along new Otukpo road Makurdi, Benue State and carting away 32 vehicles on the 11th of July, 2023 was unconstitutional, unlawful and the act constituted an infringement of his fundamental rights guaranteed under section 44 of the constitution of the federal republic of Nigeria 1999, as amended.
He is also seeking a declaration that the respondents’ invasion of his residence and carting away of two vehicles is unconstitutional, unlawful and constitutes an infringement of his fundamental rights.
Chief Viashima is seeking an order of the Court directing the respondents, namely; the Benue State Government, the Governor of Benue State, Commissioner of Police, the Attorney General of the state, as well as Mr Hinga Biem (for the Assets Recovery Committee) to return to him the 32 vehicles carted away from his company’s premises and the two vehicles carted away from his residence forthwith.
The Chief Executive Officer of London Line Transport Company Ltd is similarly seeking an order of Court directing the respondents to tender a written apology to him and specifically demands that the apology be published by the respondents in five newspapers that circulate nationwide, Federal Radio Corporation of Nigeria (FRCN) and radio stations based in Makurdi.
He is also seeking general damages to the tune of N5 billion, amongst other reliefs.
