Court Strikes Out Suit Against State Boundary Commission

A Port Harcourt High Court, presided over by Justice S.C. Amadi, has struck out a suit filed by the people of Tombia in Degema Local Government Area stopping the Rivers State Boundary Commission and the technical commission on the Bukuma and Tombia boundary demarcation committee from further proceeding on the exercise.

Joined in the suit are Rivers State government, Govenor Rotimi Chibuike Amaechi, his deputy, Engr Tele Ikuru, Rivers State Commissioner for Lands and Survey, Mr. Ezemonye Ezekiel-Amadi, Surveyor General of the state, Surveyor Gaius Assor, Chief Usman Ngeribo Douglas and Elder Promise Sele, representing Bukuma Community as respondents.

The suit was filed by Chief Peniel Omubo Donibo, Chief Ben Davies, Mr. Iboroma Akobo and Mrs. J.D. Oruye representing the Tombia community as applicants.

In their suit, the Tombia community was asking the court to stay further proceeding in the matter on the ground that it was not granted fair hearing in respect of the boundary adjustment between Tombia and Bukuma communities.

In her argument, counsel for the Bukuma community, Patricia Fubara argued that the Tombia community which filed the suit had refused to show any appearance since the beginning of the proceeding of the matter and urged the court to strike out the matter, adding that they were using that to disturb the boundary commission from carrying out the exercise.

In his ruling, the presiding judge, Justice S.C. Amadi said the Tombia community through its counsel, Dr. A. Amuda-Kannike had sent a notice of discontinuance to the court in pursuant to order 23 Rule one of the High Court of Nigeria State Civil Procedure, Rule 2011 to withdraw the case entirely against the defendant.

According to Justice Amadi, since the court received such notice from the applicants, the court had no other option than to strike out the matter accordingly.

He, however, ordered that the Rivers State  Boundary Commission to proceed with the boundary adjustment exercise between Bukuma and Tombia Communities.