Court restrains IGP from prohibiting Benue livestock guards

By David Mzer

A Makurdi High Court presided over by Justice Austine Ityonyiman has issued an interim order restraining the Inspector General of Police, and the Benue State Commissioner of Police from prohibiting or shutting down offices of the Benue State Livestock Guards in any part of the State.

The Court also restrained the Inspector General of Police and the Benue State Commissioner of Police from preventing officers of the Benue State Livestock Guards from carrying out their legitimate functions of implementing the state Open Grazing Prohibition and Ranches Establishment Law, pending the determination of the motion on notice brought before the court.

The Judge granted the motion brought by the Benue State Government through Mr Douglas Pepe, praying the Court to restrain the Nigerian Police whom he stated where acting outside the scope of their constitutional mandate.

Mr Pepe had argued that the Livestock Guards was a creation of the law and the body was carrying out its functions as stipulated by the legislation establishing it.

After listening to the argument of counsel to the Benue State Government, and carefully perusing through the affidavit in support of the motion, the Judge was convinced that there was need to grant the application pending the determination of the motion on notice.

The Judge thereafter adjourned the case to November 23, 2018 for hearing of the motion.

Reacting to the restraining order, the Benue State Attorney General and Commissioner for Justice, Barrister Michael Gusa said the Samuel Ortom administration is operating based on the rule of law, and due process.

He expressed surprise that the police whose duty is to help the government to enforce laws were seeking to proscribe a law legitimately enacted by a state.

Barrister Gusa reaffirmed the determination of the State Government not to be discouraged in pursuing what is in the interest of people of the State.