A Federal High Court in Abuja on Thursday adjourned a N2 billion fundamental rights enforcement suit filed by a former caretaker chairman, Southern Ijaw Local Government of Bayelsa, Mr. Lucky Okodeh, against the Nigerian Army until November 28.
Justice Binta Nyako adjourned the case following an oral application by Okodeh’s counsel, Mrs. Asmau Yunusa, to enable her to respond to a counter affidavit filed by Mrs. Mimi Ayua, a lawyer for the Chief of Defence, Gen. Christopher Musa.
According to Persecondnews, Okodeh sued CDS Musa and Chief of Army Staff (CAS) Taoreed Lagbaja as first and second respondents in the suit marked FHC/ABJ/CS/590/2024, which was filed on May 3 by Mr. Femi Falana (SAN).
The applicant accuses the defendants of publishing his photograph among those wanted in connection with the death of 17 soldiers in Okuama, Delta State.
The applicant is seeking substantial relief from the court, requesting a whopping N2 billion in damages from the respondents for allegedly infringing on his fundamental rights to personal liberty and dignity.
Additionally, he has petitioned the court to nullify his declaration and instead award the fine as compensation for the harm and suffering he endured as a result of the Defence Headquarters Abuja’s actions.
At the resumed hearing of the case on Thursday, Yunusa, who appeared for the applicant, told the court that the case was scheduled for mention.
She said she was in receipt of a counteraffidavit by the 1st respondent (CDS) on Wednesday and that she would need little time to respond.
She stated that there was no representation for the second respondent (Lagbaja) in court.
However, Justice Nyako told the lawyer representing the CDS, Ayua, and Yunusa that the issue is one that the parties can jointly resolve in an amicable manner.
The judge believes that we shouldn’t waste taxpayers’ money on it.
Nyako then adjourned the case until November 28 for further mention and
ordered that the 2nd 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.
On March 14, unknown individuals murdered 17 officers of the Nigerian Army in Okuama, Delta, prompting the Defence Headquarters Abuja to declare 8 persons wanted, Persecondnews recalls.
Despite Okodeh’s name not appearing on the wanted list, his picture appeared under a different name, and he clarified that neither his family nor his extended family bears his name.
Okodeh, who was the chairmanship candidate of the People’s Democratic Party (PDP) for the April 11 LG elections in the state, was forced to drop his name and substitute it with another candidate following the publication of his photograph in the wanted list.
The suit also seeks an order of perpetual injunction to prevent the CDS and CAS from arresting him, as he is a law-abiding citizen of Nigeria and has not had any criminal record since 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.
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