Justice R.B Akintola of Oyo State High Court Ibadan has dismissed an application by Nigerian Army challenging the court’s jurisdiction in a suit filed by Ajobo/ Omilabu and other communities along Arulogun Road, off Ojoo, Ibadan over the effects of the shooting exercise of Nigerian Army, 2 Division, Odogbo.
The communities wanted the court to refrain the Nigerian Army from conducting their shooting range training in the area and also prayed the court to compel the Nigerian Army to pay damages in respect of property that had been destroyed as a result of the exercise.
In response to the suit, Nigerian Army and other defendants including Chief of Army Staff prayed court to dismiss the suit, saying the court lacked jusrisdiction to hear the suit.
According to the objection, Nigerian Army said every case or file that involved the Federal government or its agencies should be filed to Federal High Court and not State High Court.
Reacting to the objection, Counsel to the communities, Mr Emmanuel Adeosun opposed the motion and asked the court to dismiss it.
Ruling on the motion, the Presiding Judge, Justice R. B. Akintola dismissed the application on the ground that the claim in the matter was on the welfare of the residents and not against the executive officer of the agency which he said was major determinant in determining the jurisdiction of such matter.
The court also awarded the cost of twenty thousand Naira against Nigerian Army.
Sunday Ogunyemi
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