BY Bolanle Olabimtan
A federal high court in Abuja has restrained the special task force on illegal smuggling of firearms set up by Yahaya Bello, governor of Kogi, from performing the task.
In a judgement delivered on October 5, James Omotosho, the presiding judge, ordered the removal of Friday Makama as director-general of the special task force.
TheCable obtained the enrolled order on Tuesday.
The judge held that the governor “had no powers to unilaterally regulate or control the possession of, or dealing in firearms in Kogi state or any part thereof”.
One Ahmadu Danjuma who identified himself as a concerned indigene of the state, had instituted the suit marked FHC/ABJ/CS/697/2023 against Bello, Makama, and the director-general of the Department of State Services (DSS).
The director-general of the National Intelligence Agency (NIA), the inspector-general of police and the national security adviser (NSA) were also joined as defendants in the suit.
The governor had filed a preliminary objection arguing that the plaintiff ought to have instituted the legal action before either a state high court or the federal high court in Kogi state.
He argued that the Abuja federal high court lacked both territorial and subject matter jurisdiction to hear the case.
Bello through his team of lawyers led by A. M. Adoyi, submitted that issues raised in the suit were contentious.
He added that the case ought to have been commenced through a writ of summons to enable witnesses to testify before the court.
However, the judge dismissed the preliminary objection.
In its judgment, the court held that it is the responsibility of the DSS, NIA, IGP and NSA to regulate the possession of and dealing in firearms and ammunition in both Kogi state and other parts of the country.
“That the appointment of the 2nd defendant (Makama) as director general, special task force on illegal smuggling of firearms to Kogi state is illegal and constitutes a threat to the safety and security of Kogi state,” the judge held
“That an order is hereby made, setting aside the appointment of the 2nd defendant by the 1st defendant as director-general, special task force on Illegal smuggling of firearms to Kogi state.
“That an order is hereby made directing the 3rd to 6th defendants to invite, interrogate and investigate the 2nd defendant and all persons working with, or under him with a view to receiving, repossessing and/or retrieving all firearms currently in his possession or in possession of the special task force or any member thereof.
“That an order of perpetual injunction is hereby made, restraining the 1st defendant from regulating or controlling or purporting to regulate or control the possession of or dealing in firearms in Kogi state or any part thereof.”
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