A Delta State High Court of sitting in Akwukwu-Igbo Judicial Division has struck out a suit brought by herders challenging the Executive Order II of the Oshimili North Local Government Council.
Justice MC Okoh struck out the suit for lack of jurisdiction.
The Chairman of Oshimili North Local Government Council, Mr. Louis Ndukwe had on May 2020, issued an Executive Order II, directing the immediate vacation of illegal camps and farm settlements in all the bushes within Oshimili North Local Government Area of Delta State within seven days.
But counsel to the herdsmen, MN Elunor, filed the suit No. Aku/23/2020.
The suit was seeking an order of court for an injunction restraining the respondent from executing the said order, pending the hearing and determination of the substantive suit.
The court ordered the respondent to show cause why the order of injunction sought by the applicants should not be granted.
Counsel to Oshimili North Council, A. E Nwosu, filed an affidavit to show cause, counter affidavit, memorandum of conditional appearance and a preliminary objection challenging the suit.
Justice M.C Okoh upheld the submission of Nwosu and the suit was accordingly struck out with a cost of N50,000.