An
Ilorin High Court has ordered a retired navy chief, Vice- Admiral Samuel
Olajide Afolayan, to pay N9 million being the cost of damages and for detaining
42 cows belonging to a Fulani herdsman, Alhaji Abubakar Abdullahi, illegally
and unconstitutionally.
According
to Vanguard, the verdict, delivered on January 9, 2018, indicated that the retired
admiral was also ordered to pay N500,000 for each day of default of the
judgement debt.
Justice
Adeyinka Sikiru Oyinloye gave the judgment in suit NO.KWS/83M/2017. The
herdsman, Abdullahi, had sought the declaration of the court that the seizure
and/or detention of his 60 cows by the respondent was bizarre, unlawful,
illegal and unconstitutional.
He
also sought the respondent’s unconditionally release of the cows with immediate
effect, and another order that the respondent should tender unreserved apology
to be published in two national dailies within two weeks of the judgment.
N10m
was demanded by the applicant. According to him, security guards attached to
Afolayan had accosted his son outside the farm of the respondent in Obo-Ile in
Ekiti LGA of Kwara State and pointed gun at him while he was rearing his cows
on May 17 2017 and seized the 60 cows.
According
to him, despite frantic efforts to get the cows back, the respondent held on to
them, insisting that N5m had to be paid to get them back. Afolayan
in his defence, told the court that the cows were led into his farm on the said
day and destroyed his cassava and maize farm worth N2.5m while the applicant
burnt his cassava processing plant which made him to insist that he must pay
for the losses estimated at N15m, which was later reduced to N5m after pleas.
While
delivering his judgment, Justice Oyinloye said though the applicant claimed 60
cows were involved, the respondent admitted seizing only 42.
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