Delta State: A People Recline To Fulani Hegemony And The Menace Of Fulani Herdsmen..

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By Chief Malcolm Emokiniovo Omirhobo .

Currently in the South West Zone of Nigeria the Governments and the good people of Ondo and Oyo States are insisting that the criminal elements amongst the Fulani herdsmen leave their forest . As a Deltan from the South South Zone of Nigeria, I ask myself what is my State Government and my people doing about the criminal elements amongst the Fulani herdsmen in our bushes , forest , rivers , hunting grounds and farmlands whose stock in trade is to maim , dehumanise , kill , rob , destroy properties, loot, extort and kidnap defenceless law abiding Nigerian citizens in Delta State with impunity and without any consequences ? The answer to my question, I dare say is nothing . Absolutely nothing .

The bases for my assertion is predicated upon the negative response of the Delta State Government and the people of Delta State to the public interest case which I filed for my self and the public for the enforcement of my fundamental rights and those of Deltans as a result of the incessant killing maiming, slaughtering , raping , kidnaping , extortion and robing of Deltans by some Fulani herdsmen who by their act of terror have made the lives of Deltans short , brutish and nasty by instilling fear and apprehension on them to the extent that they do not know when and where the next attack will be or who the next victim will be .

I filed the said case suit No FHC/ASB/CS/51/2020 before the Federal High Court , Asaba joining the following persons as defendants 1. THE DELTA STATE GOVERNMENT
2. THE GOVERNOR OF DELTA STATE
3. THE ATTORNEY GENERAL OF DELTA STATE
4. THE DELTA STATE HOUSE OF ASSEMBLY
5. THE DELTA STATE COMMISSIONER OF POLICE
6. THE FEDERAL GOVERNMENT OF NIGERIA
7. THE PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA
8. THE ATTORNEY GENERAL OF THE FEDERAL REPUBLIC OF NIGERIA
9. THE NATIONAL ASSEMBLY OF NIGERIA
10. THE INSPECTOR GENERAL OF THE NIGERIAN POLICE
11. THE NIGERIAN ARMY
12. THE INCORPORATED TRUSTEES OF MIYETTI- ALLLAH KAUTAL HORE SOCIO CULTURAL ASSOCIATION.

In the said case,I prayed the court for the following :

1. A DECLARATION OF COURT that the killing of members of the Nigerian Public in Ubulu-Uku, Isele-Uku, Oniche – Olona, Onicha – Ugbo, Onocha-Olona , Orvre R’ Oruarivie Abraka Kingdom, Ovwor-Olomu, Edjekota Ogor Kingdom and Uwheru and environs of Delta State by some Fulani herdsmen armed with AK47 rifles, daggers, cutlasses and other dangerous weapons and some members of the 12th Respondent with the tacit support of the 1st to 11th Respondents and the fear, apprehension and tension of the Nigerian Public in Delta State of the likelihood of being killed by these Fulani herdsmen and members of the 12th Respondent is a flagrant violation and a breach of the Applicant’s fundamental right and those of the Nigerian Public in Delta State fundamental right to life as guaranteed by the Section 33 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 4 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore improper, illegal, unlawful and unconstitutional.

2. A DECLARATION OF COURT that it is the fundamental right of the Nigerian Public in Delta State to own land and that the violent attacks and criminal trespass on the land of members of the Nigerian Public in Ubulu-Uku, Isele-Uku, Oniche – Olona, Onicha – Ugbo, Onocha-Olona, Orvre R’ Oruarivie Abraka Kingdom, Ovwor-Olomu, Edjekota, Ogor Kingdom and Uwheru and environs of Delta State and their dislodgement there from by some heavily armed Fulani herdsmen with AK47 rifles, daggers, cutlasses and other dangerous weapons and some members of the 12th Respondent with the tacit support of the 1st to 11th Respondents and the fear and apprehension of the Applicant and the Nigerian Public in Delta State of the likelihood of being dislodged from their land by these heavily armed Fulani herdsmen and members of the 12th Respondent is a flagrant violation and a breach of the Applicant’s fundamental right and those of the Nigerian Public in Delta State fundamental right to own land in Nigeria as guaranteed by Section 43 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 14 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore improper, illegal, unlawful and unconstitutional.

3. A DECLARATION OF COURT that the brutal rape of Females/Women (MOTHERS, DAUGHTERS, WIVES, SISTERS, NIECES , AUNTIES, GRANDMOTHERS) of the Nigerian Public in Ubulu-Uku, Isele-Uku, Oniche – Olona, Onicha – Ugbo , Onocha-Olona, Orvre R’ Oruarivie Abraka Kingdom, Ovwor-Olomu, Edjekota, Ogor Kingdom and Uwheru and environs of Delta State by some armed Fulani herdsmen and some members of the 12th Respondent in their homes, farm land, roads, riversides and bushes in Delta State and the fear and apprehension of the Females/Women in Delta State of the likelihood of being brutally raped in their farms, bushes, roads and river side by these heavily armed Fulani herdsmen and members of the 12th Respondent is debasing and dehumanizing and consequently a violation of the Females/Women of Delta State fundamental right to the dignity of their person as enshrined in sections 34 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 5 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore improper, illegal, unlawful and unconstitutional
4. A DECLARATION OF COURT that the restriction of the movement of the Nigerian Public in Delta State to visit their farms, rivers or bushes for their survival and sustenance or to travel by road or water from one community to the other within Delta State for business and socio engagements by some armed Fulani herdsmen and some members of the 12th Respondent with the tacit support of the 1st to 11th Respondents and the fear, apprehension and tension of the likelihood of being killed, raped, dehumanized, degraded and exhorted by these heavily armed Fulani herders men and members of the 12th Respondent that restricts the Applicant and members of the Nigerian Public in Delta State from moving freely to their farms, markets and traveling for business and socio engagements from one community to the other is a violation of the Applicant’s and the Nigerian Public in Delta State fundamental right to move freely within Delta State as enshrined in section 41 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 12 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore illegal, unlawful and unconstitutional.

5. A DECLARATION OF COURT that the demand of tolls/ levies and/or protection money by some armed Fulani herdsmen and some members of the 12th Respondent from their host Communities in Uwheru of Ughelli North Local Government Area of Delta State and environs before they can enter their farms, bushes and waters to farm, hunt and fish is a flagrant violation of their fundamental rights to respect for the dignity of their persons, their rights to life, freedom of movement and freedom to own landed property as enshrined in sections 34. 33, 41, and 43 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) .and Articles 5, 4, 12 and 14 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore improper, illegal, unlawful and unconstitutional.

6. A DECLARATION OF COURT that the Kidnapping of members of the Nigerian Public in Ubulu-Uku, Isele-Uku , Oniche – Olona, Onicha – Ugbo, Onocha-Olona, Orvre R’ Oruarivie Abraka Kingdom, Ovwor-Olomu, Edjekota, Ogor Kingdom and Uwheru and environs of Delta State by some armed Fulani herdsmen and some members of the 12th Respondent with the tacit support of the 1st to 11th Respondents and the fear or apprehension of the likelihood of being Kidnapped caused by the activities of these Fulani herds men and members of the 12th Respondent is a flagrant violation of the Applicant’s and the Nigerian Public in Delta State fundamental rights to their personal liberty as enshrined in sections 35 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 6 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore improper, illegal, unlawful and unconstitutional.

7. A DECLARATION OF COURT that the privilege and advantage afforded to some Fulani herdsmen and some members of the 12th Respondent by the 1st to 11th Respondents to be armed with unlicensed Assault rifles and AK 47 riffles with which they have been and have continuously on a daily basis use to kill, harass, intimidate, coerce, subjugate and terrorize Nigerian Citizens in Ubulu-Uku, Isele-Uku, Oniche – Olona, Onicha – Ugbo, Onocha-Olona, Orvre R’ Oruarivie Abraka Kingdom, Ovwor-Olomu, Edjekota, Ogor Kingdom and Uwheru and environs of Delta State while other Nigerian citizens in Delta State are not allowed to have even licensed guns to exercise their right to self defence in proportionate measure to their assailant Fulani herds men is a violation of the Applicant’s and the Nigerian Public in Delta State right to freedom from discrimination and right to life as enshrined in sections 42 and 33 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Articles 19 and 4 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act ) LFN 1990 and therefore illegal, unlawful and unconstitutional.

8. A DECLARATION OF COURT that the privilege and advantage afforded to some Fulani herdsmen and some members of the 12th Respondent by the 1st to 11th Respondents to trespass on the land of Nigerian Citizens in Ubulu-Uku, Isele-Uku, Oniche – Olona, Onicha – Ugbo, Onocha-Olona, Orvre R’ Oruarivie Abraka Kingdom, Ovwor-Olomu, Edjekota, Ogor Kingdom and Uwheru and environs of Delta State destroying their crops and properties with their cattle, killing, raping and terrorizing them without being made to suffer any consequences under the law, a right of impunity which other Nigerian citizens do not enjoy is a violation of the Applicant’s and the Nigerian Public in Delta State right to freedom from discrimination as enshrined in section 42 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) and Article 19 of the African Charter on Human and People’s Rights (Ratification and Enforcement Act) LFN 1990 and therefore illegal, unlawful and unconstitutional.

9. A DECLARATION OF COURT that there is no law or Policy in Nigeria created by the 1st , 4th, 6th and 9th Respondents that makes Delta State a Cattle/Cow Colony, a RUGA
settlement for the marauding Fulani herdsmen/members of the 12th Respondent in Delta State or part of the National Livestock Transformation Program to warrant the trespass and intrusion of the marauding Fulani herdsmen/members of the 12th Respondent in Delta State and their cattle on the land of the Nigerian Public in Ubulu-Uku, Isele-Uku, Oniche – Olona, Onicha – Ugbo, Onocha-Olona, Orvre R’ Oruarivie Abraka Kingdom, Ovwor-Olomu, Edjekota, Ogor Kingdom and Uwheru and environs of Delta State.

10. DECLARATION OF COURT that the threat, apprehension intimidation, coercion, extortion, killings, raping, kidnapping, robbery, maiming and destruction of the properties of the Nigerian Public in Ubulu-Uku, Isele-Uku, Oniche – Olona, Onicha – Ugbo, Onocha-Olona, Orvre R’ Oruarivie Abraka Kingdom, Ovwor-Olomu, Edjekota, Ogor Kingdom and Uwheru and environs of Delta State by some armed Fulani herdsmen/ members of the 12th Respondent with the tacit support of the 1st to 11th Respondents are Acts of Terror.

11. A DECLARATION OF COURT that the 1st , 2nd , 3rd , 4th , 6th , 7th 8th , 9th, 10th and 11th Respondents have failed in their sacred and primary duties and responsibilities to protect the lives and properties of the Nigerian Public in Delta State.

12. A DECLARATION OF COURT that the fundamental right of the freedom of movement throughout Nigeria and the right to reside anywhere in Nigeria including Delta State by the Fulani
herdsmen/members of the 12th Respondent does not include the right to trespass on the land of other Nigerian citizens in Ubulu-Uku, Isele-Uku, Oniche – Olona, Onicha – Ugbo, Onocha-Olona, Orvre R’ Oruarivie Abraka Kingdom, Ovwor-Olomu, Edjekota, Ogor Kingdom and Uwheru and environs of Delta State with their cattle, to destroy their crops and properties.

13. A DECLARATION OF COURT that the open grazing of Cattle and other livestock in Delta State is outdated, unfashionable, improper, unlawful, illegal and unconstitutional in the 21st century

14. A DECLARATION OF COURT that ranching as opposed to open grazing is the best way in the 21st century for the Fulani herdsmen and members of the 12th Respondent to rear their cattle in Delta State.

15. AN ORDER OF COURT for the enforcement of the fundamental rights of the Applicant and the Nigerian Public in Ubulu-Uku , Isele-Uku , Oniche – Olona , Onicha – Ugbo , Onocha-Olona, Orvre R’ Oruarivie Abraka Kingdom Ovwor-Olomu, Edjekota,
Ogor Kingdom and Uwheru and environs of Delta State to life,
dignity of human person, personal liberty, freedom of movement, right to freedom from discrimination and right to own landed property via the 1st to 11th Respondents’ protection of the fundamental rights of the Nigerian Public in Delta State from the scourge of the marauding Fulani herdsmen/members of the 12th Respondent in Delta State and their cattle.

16. AN ORDER OF COURT compelling the 1st to 11th Respondents to perform their sacred and primary duties and responsibilities to protect and respect the fundamental rights to life, dignity of human person, personal liberty, freedom of movement, right to freedom from discrimination and the right to own landed propety of the Applicant and those of the Nigerian Public in Ubulu-Uku, Isele-Uku, Oniche – Olona, Onicha – Ugbo, Onocha-Olona, Orvre R’ Oruarivie Abraka Kingdom, Ovwor-Olomu, Edjekota, Ogor Kingdom and Uwheru and environs of Delta State.

17. AN ORDER OF COURT outlawing and/or banning open grazing of cattle and other livestock in Ubulu-Uku, Isele-Uku , Oniche – Olona, Onicha – Ugbo, Onocha-Olona, Orvre R’ Oruarivie Abraka Kingdom, Ovwor-Olomu, Edjekota, Ogor Kingdom and Uwheru and environs of Delta State.

18. AN ORDER OF COURT compelling the 12th Respondent and her members and Fulani herdsmen in Delta State to apply to the 1st to 3rd Respondents for land for ranching.

19. A PERPETUAL INJUNCTION restraining the marauding Fulani herdsmen and members of the 12th Respondent in Delta State and the personnel of the 11th Respondent from violating the fundamental rights to life, dignity of human person, personal liberty, freedom of movement, right to freedom from discrimination and the right to own land of the Applicant and members of the Nigerian public in Ubulu-Uku, Isele-Uku, Oniche – Olona, Onicha – Ugbo, Onocha-Olona, Orvre R’ Oruarivie Abraka Kingdom, Ovwor-Olomu, Edjekota, Ogor Kingdom and Uwheru and environs of Delta State.

20. AND for such further order or orders as this Honourable Court may deem fit to make in the circumstances of this case.

After serving all the parties , Miyetti Allah , the Police and the National Assemblyl did not enter appearance or filed any counter affidavit . The Federal Government , the Attorney General of the Federation and the Nigerian Army entered appearance and joined issues with me as I expected denying that there is Fulani herdsmen menace in Delta State . What I did not expect which shocked me to my marrow is the response of the Governor, the Attorney General and the Government of Delta State. The trio joined issues with me towing the line of the Federal Government by denying that there is anything like the menace of Fulani herdsmen in Delta State .They even denied that I am a Deltan and put me to the strictest proof thereof . More worrisome is the silence of the Delta State House of Assembly like their counter parts at Abuja , they did not enter appearance neither did they file any defence by way of counter affidavit

To say that I am greatly shocked and devastated by the inaction of , the Governor , the Attorney General , the Delta State House of Assembly and the Government of Delta State who took oath to defend and cater for their people is an understatement. The least that I expected of them in the circumstance, is for them to positively join issues with me admitting to the fact that we have the Fulani herdsmen menace in the State just like their counter parts in Ondo and Oyo State are doing now even though it is coming a bit late . The Delta State House of Assembly would have in addition to encouraging the court to outlaw open grazing in the State also make laws out lawing open grazing in Delta State so that our people can go back to their farms bushes , rivers and forest to be productive again, to earn a living, to sustain themselves and stop the famine and starvation in the State .

The Governor , the Attorney General and Government of Delta State denial of the existence of the menace of Fulani herdsmen in the State was well published in the Vanguard and Guardian newspapers and on many online news paper publications . The trio preference and preservation of the Fulani hegemony to the detriment of the safety of their own people was also tabled on many social media platforms where you find the crème de la crème of Delta State so as to sensitive and conscientious them of their treacherous government but regrettably and unfortunately the outcome was highly disappointing as they fail to hold their government to account . The betrayal of the Delta State Government did not halt or shock me as much as the nonchalant,
back stabbing and back bitting of many Deltans . These group of persons went to town challenging my locus to institute this action on behalf of Deltans. They asked who the hell do I think I am? Who is my father? Where in Delta State am I from ? What concerns me directly in the matter ? Many accused me of trying to blackmail the Federal and State Government to make money or for appointment.

It is unbelieveble and heart wrecking that with the large number of elites , academicians , professionals and intellectuals from Delta State , the Fulani hegemony and the terror of the Fulani herdsmen are being preserved and sustained in their State just because of these few previleged and opportuned peoples’ foolish hope of joining in the looting of the national treasury through appointments and contracts and as such will not want to offend the powers that be .It is very disturbing that these leaders will for their personal gains keep silent and look the other way while their people are being killed , raped , kidnapped , extorted , harassed, intimidated , embarrassed , brutalised and humiliated by Fulani herdsmen .

It is sad that Delta State politicians in power today both at the State and Federal level for their selfish interest and their inordinate desire to remain relevant and remain in power have chosen to sacrifice their own people, their towns , villages and state to maintain the Fulani hegemony and recline to menace of Fulani herdsmen whose ultimate goal is conquer and convert Delta State land to a Cow colony and the people their slaves

No matter the verdict of the court in the extant case , with what is currently going on in the South West Zone of Nigeria today I dare say that I have been vindicated whereas I refuse to be silent in face of tyranny.


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