A Jalingo-based human rights lawyer has filed a lawsuit through the Attorney General of the Federation against the Taraba state government over illegal intervention in mining activities.
The lawsuit, filed at the Federal High Court Jalingo by Bilyaminu Meihanchi alongside Bar. Muhammad Danladi, challenges the executive orders No. 3 and No. 5 recently issued by the Taraba State Governor, Dr. Agbu Kefas. The orders, concerning prohibition and other acts in connection to mining activities in the state, were deemed interference with the powers of the federal government, which are on the Exclusive List.
In the originating summons, the Attorney General of the Federation was served as the 1st respondent, while the Governor of Taraba State was served as the 2nd defendant, and the Attorney General of the state as the 3rd defendant in the suit.
The suit, filed on the 29th January 2024, seeks to declare that the Executive Orders No. 3 and 5 issued by the 2nd and 3rd Defendants under section 42(b) and (c) of the Environmental Impact Assessment Act Cap E12 LFN 2004 and section 7 and 25 of the Environmental Protection Agency Law (Cap 51), Laws of Taraba State, 1997, constitute usurpation of the offices of the Minister of Environment and the Minister of Mines and Steel.
“A declaration that the mobile court set up pursuant to Section 12 of the Executive Order No. 3 and section 6 of the Executive Order No. 5 issued by the 2nd Defendant to try violators of the Order is inconsistent with the provision of section 142 of the Nigeria Minerals and Mining Act 2007 and a usurpation of the exclusive jurisdiction of the Federal High Court as enshrined in section 251(1)(n) of the Constitution of Nigeria, and therefore illegal and unconstitutional.
“A declaration that the activities of the General Faransa-led Special Task Force committee, which was set up pursuant to section 11 of the Executive Order No. 3 and section 5 of the Executive Order No. 5 issued by the 1st Defendant, are illegal and unconstitutional.
“An order of perpetual injunction restraining the 2nd and 3rd Defendants, their agents (in the name of the Special Task Force or mobile court), privies, representatives from further breach of the Constitution of the Federal Republic of Nigeria 1999 as amended, or the Nigeria Minerals and Mining Act 2007, or the Environmental Impact Assessment Act, by carrying out any further acts pursuant to the Executive Order No. 3 and No. 5 or any other subsequent Order or guidelines of the 2nd defendant.
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