A Federal High Court in Abuja on Thursday adjourned until 28 November a N2 billion fundamental rights enforcement suit filed by a former Caretaker Chairman of Southern Ijaw Local Government Area of Bayelsa State, Mr. Lucky Okodeh, against the military.
Justice Binta Nyako adjourned the case following an oral application by Okodeh’s counsel, Asmau Yunusa, to enable her to respond to a counter affidavit filed by Mimi Ayua, lawyer to the Chief of Defence (CDS), General Christopher Musa.
In the suit filed on 3 May by a Senior Advocate of Nigeria, Mr. Femi Falana, Okodeh had sued the CDS and Chief of Army Staff (CAS), Lt. General Taoreed Lagbaja, as first and second respondents.
The applicant is accusing the defendants of allegedly publishing his photograph among those wanted in connection to the killing of 17 soldiers in Okuama in Delta State last 17 March. The officers and men were said to be responding to a crisis between Okuama and Okoloba communities. A Commanding Officer, two Majors, one Captain and 12 soldiers reportedly lost their lives, while one civilian was also killed.
Okodeh prayed the court to award N2 billion in damages against the respondents for the alleged violation of his rights to personal liberty and dignity.
The applicant also prayed the court to set aside his declaration and award the fine as compensation for damages suffered over the action of the Defence Headquarters Abuja.
Upon resumed hearing on Thursday, Yunusa, who appeared for the applicant, told the court that the matter was slated for mention.
She said that she was in receipt of a counter affidavit by the first respondent (CDS) on Wednesday and that would need little time to respond.
She said the second respondent (Lagbaja) was not represented in court.
Justice Nyako, however, told Ayua and Yunusa that the issue is what the parties can sit down together to resolve amicably.
Justice Nyako then adjourned the matter until 28 Nov for further mention.
She ordered that the second respondent be served with the hearing notice.
In the affidavit in support of the suit, Okodeh averred that the action of the defendants had affected his political career and made him go into hiding.
Following the murder of the 17 officers of the Nigerian Army by unknown persons, the Defence Headquarters declare eight persons wanted.
Although Okodeh’s name was not published on the wanted list, his photograph was posted on a name that was not his, which he also said no member of his family or extended family bears.
Okodeh said that he was the chairmanship candidate of the Peoples Democratic Party for the 11 April 2024 l0cal council elections in the state. But the party had to drop his name and substitute it with another candidate following the publication of his photograph in the wanted list.
Other prayers sought in the suit include an order of perpetual injunction restraining the CDS and CAS from arresting him as he is a law-abiding citizen of Nigeria who had never had any criminal record right from childhood.
He equally prayed the court to order the respondents to tender an apology, which should be published in both print and electronic media, so that he could have the freedom to live his normal life.
Credit: News Agency of Nigeria
