Shooting Range Safety: Court Dismisses Army’s Application
Justice R.B Akintola of Oyo State High Court Ibadan has dismissed an application challenging the court’s jurisdiction raised by Nigerian Army against 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 training in the area and also prayed the court to compel the Nigerian Army to pay damages for 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 the court to dismiss the suit saying the court lacked jurisdiction to hear the matter.
According to the objection, Nigerian Army said every case that involved the Federal government or its agencies should be filed at the 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 Army’s application on the grounds 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 matters.
The court also awarded the cost of twenty thousand Naira against the Nigerian Army.