BENIN CITY – The Federal Court of Appeal sitting in Benin city has dismissed the application filed by the Managing Director of Okomu Oil Palm Company Plc against the Cocoa Farmers settlers in Area BC 10 Forest Reserve at Ovia South West Local Government Area of Edo State for lack of merit.
The Court which gave judgment in Appeal No. CA/B/346/13 filed by Okomu Oil Palm Plc and Dr. Graham Heifer against the Cocoa Farmers (Hassan Tajudeen, Fatai Oyelaji, Alhajij Ganiyu Eniola, Pastor C.O Osunlakin on behalf of themselves and Yoruba Cocoa Farmers in Area BC 10, Okomu Forest Reserve) upheld the interlocutory injunction earlier slammed on the Company by Justice U.I. Erameh of the State High Court sitting in Okada.
Justice U.A. Ogakwu, who read the judgment yesterday on behalf of Justice P.M. Ekpe and Justice H.A. Barka stated that the application was devoid of merit and lack incompetent. He therefore affirmed the judgment of the lower court and also granted the restorative order against the appellant.
In the judgment, Justice Ogwaku said it was incurable ineffective for the appellant to raise fresh grounds of appeal and urged the appellant to abide by the consequential order of the court.
According to him, “there is an enduring need to ensure that the sanctity of law is obeyed. The appellant has no locus to raise fresh ground of appeal. The injunction succeeds to forestall further injuries on the respondents.”
The presiding Judge stated that the Counsel to the appellant could not advise his clients when they resulted to self-help and further embarked on the destruction of the Cocoa farmland, in spite of the order earlier slammed on the appellant, which he described as fait accompli.
Justice Ogakwu then affirmed the judgment of the lower court and accordingly dismissed the appellant’s application as it was devoid of merit and incompetent.
It would be recalled that Ovienseri Otamere Esq leading Salami (Miss) stood in for the Cocoa farmers (respondents) while James Ogboraefor were in for the appellants.