Justice Ayo Emmanuel of Federal High Court sitting in Osogbo, Osun State has declined juridiction on the land dispute matter between Kelebe-Omu Land Association and the Nigerian Army.
The judge in a ruling challenging the juridiction of the court to hear the suit filed by the counsel to the army said sighted section 251 of the Nigerian constitution.
Justice Emmanuel said he will transfer the case file to the Chief Judge of Osun State High Court to reassign it for trial at the state High Court.
This ruling is coming against the ruling of a former judge handling the case who had in the year 2012 ruled that the Federal High Court has juridiction to entertain the suit.
In his reaction, counsel to the plaintiffs, Umar Muhammed said although the ruling was a setback but it’s a welcome development.
He said his clients will now amend their prayers to suite what the state high court can grant.
Muhammed also said the ruling would have been a subject of an appeal, has there be more time to do so.
Counsels to the Nigerian Army were not available for reaction.
