By Igoniko Oduma / Yenagoa
The Bayelsa State Commissioner for Agriculture and Natural Resources, Thomas Commander, has been dragged to a High Court in Yenagoa by a licensed auctioneer with the Federal Ministry of Agriculture and Rural Development, Abuja, Rasaki Adunbarin, over three missing tractors.
Commander will explain to the court how the agricultural equipment, a Ford 5160 model tractor, rotary slasher and plough, belonging to the Federal Ministry of Agriculture and Rural Development, got missing.
The items were in the custody of the Bayelsa State Ministry of Agriculture and Natural Resources under Commander before they got missing.
In the suit No. YHC/87/2013, Adunbarin is praying the court to declare that he is entitled to the retrieval of the three items from the defendant.
He is requesting the court to declare that the “purported transfer and/or sale of the above mentioned items to a 3rd party by the defendant is illegal, null and void.”
Adunbarin is also seeking a declaration that the removal, transfer and/or sale is null and void, and an order of Mandamus directing the Commissioner to produce the items in serviceable condition.
He averred in the statement of claim that the said items were “safe and intact” during the tenure of Commander’s predecessor and he was duly briefed on the subject matter when he assumed office as Commissioner.
Abundarin explained that after the federal ministry relocated to its permanent site in Yenagoa, he was instructed to take inventory of all serviceable and non-serviceable equipment to determine those to be disposed off.
He stated that when he discovered that the three items were not available, he wrote to the commissioner but was ignored until a reminder was sent after which a meeting was arranged although it failed to yield any fruitful outcome.
When the case came up for hearing before Timinpre Ignatius Cocodia of Yenagoa High Court 5, a principal state counsel, Christopher Yekemwerigha, raised a preliminary objection that Commander ought to be sued in his official capacity.
But counsel to auctioneer, Orudiakumo Kimsebi, argued that the commissioner was sued in his personal capacity and objected to his defence by a state counsel.
The trial judge, Cocodia, however, adjourned the matter to February 18 for formal argument on the preliminary objections.
In an interview, Kimsebi said the defendant was yet to file any processes, stressing that if the need arose, he would show the specifics.