Port Harcourt — A Federal High Court in Port Harcourt, Rivers State, has thrown out the suit filed by some indigenes to stop the demolition of shanty structures at the Port Harcourt waterfronts.

Presiding Judge, Justice G. K. Olotu, ruled that the court has no jurisdiction to hear the matter which had lingered in the court for long.

The Governor Rotimi Amaechi administration in Rivers State planned to demolish the shanties at the waterfronts.

These settlements, Gov. Amaechi argued, defaced the city and had become dens for criminals. The government’s position tallied with the recommendations of security agencies and urban renewal experts to the government.

However, the Amaechi administration promised to pay compensation to the owners of the marked structures for demolition in the settlements.

But, on July 30, 2009, Senator Tari  J. Sekibo, Odo-Abaji XV11, and 151 Okrika people filed a suit against Gov. Amaechi, the state’s Attorney-General, Mr. Ken Chikere and the Nigerian Police, Army, Navy and Air Force to stop the demolitions

But, by a Notice of Preliminary Objection filed on October 5, 2009, the Governor and Attorney- General of Rivers State who are the 1st and 2nd respondents respectively, challenged the jurisdiction of the court to adjudicate on the entire suit under the Fundamental Rights(Enforcement Procedure) Rules and other kindred rules. They also “challenged the competence of the entire proceedings stating that it was incompetently constituted and incurably defective.”

Amaechi and Attorney-General of Rivers State averred that the Federal High Court constitutionally lacks jurisdiction to determine issues relating to land determinable under or by the Land Use Act and other numerous property legislations. They submitted that the main claims being claims to ancestral lands (none of which has been established) and perpetual injunctions thereto, not falling within Bona Fide reliefs’ cognizable under the Fundamental Rights Enforcement Rules deprives the Court of the requisite jurisdiction to adjudicate on the matter.

In upholding the Notice of Preliminary Objection filed by Gov. Amaechi and the Attorney-General, Justice Olotu ruled that the Federal High Court did  not have jurisdiction to entertain the suit. Justice Olotu averred: “I decline further jurisdiction in this matter. Consequently, I order a transfer of the remainder of the issues and sub-issues contended by the parties… to the Rivers State High Court.”