Residents of the Okuama community of Ughelli South Local Government Area of Delta State, have filed a N100 billion fundamental rights enforcement suit against the Nigerian Army at the Federal High Court, Warri, Delta State.
Applicants, who are 17, in the suit marked FHC/WR/CS/41/2024 are Victor Akemor, Madam Omotiwori Olarehor, Victor Odi, Okrika Emmanuel, Austin Eferemua and 12 others.
They said they are suing for themselves and on behalf of other residents of the Okuama community. The suit, filed on their behalf by human rights lawyer, Chief Malcom Omirhobo is asking the court to award N100billion as exemplary damages against the respondent’s abuse of power, oppression, repression and subjugation of the applicants and other residents of the Okuama community.
The applicants said the respondent also violated their fundamental right to the dignity of their human person, right to fair hearing, right to private and family life, freedom of movement, right of choice of place of residency and right to own property and the destruction, burning and razing down of the whole buildings in their community leaving only the Anglican Church, the Okuama Secondary school and the Aderha primary school buildings as well as the looting of their moveable property.
They are, therefore, praying the court to declare that the respondent’s accusation, media trial and sentencing of the applicants and other residents of Okuama community for the murder of 17 soldiers which they have no hands in on March 14, 2024, without any police investigation or any public inquiry indicting them for the crime and without following due process of law is a flagrant violation of their right to a fair hearing and therefore unconstitutional.
They also want the court to declare that the respondent’s deployment of troops for the invasion and brutal death of 17 soldiers which they have no hands in, without any police investigation or any public inquiry indicting them and dishing out collective punishment on them by killing, maiming, brutalising, etc., and causing them to flee into various towns, bushes and creeks for safety and living a life of destitute violates their right to the dignity of their human person and therefore unconstitutional.
In addition, the applicants are asking the court to declare that the invasion by the military violated their right to private and family life; freedom of movement and right of choice of place of residency; right to own both moveable and immovable properties; and that the taking over possession of their land by the troops is an abuse of power.
The applicants are, therefore, praying the court to make an order, restraining the respondent, her servants, agents and/or privies from further violating their fundamental rights.
“An order of this court compelling the respondent to stop her troops’ continued invasion and occupation of the Okuama community to enable the applicants and residents to take back possession of their land that has been illegally seized and occupied by the respondent to rebuild their community.
“An order of this court compelling the respondent to stop her troops from cordoning off Okuama community to allow the applicants and residents of the community to have access to move freely in and out of their community and have their right of choice to reside there as Nigerian citizens, the applicants prayed.
They also urged the court to compel the respondent to allow the applicants and the residents of the Okuama community go back home. Besides, the applicants want the court to restrain the respondent, servants, agents and/or privies from killing, embarrassing, coercing, bullying, harassing, intimidating, tormenting, torturing, dehumanising, debasing and frustrating the applicants and the residents from enjoying their fundamental right.
The originating summons is supported by a 96-paragraph affidavit deposed to, by the 1st applicant, Akemor, a businessman and resident of Okuama. He swore that Okuama and Okoloba, a neighbouring predominantly Ijaw community in Bomadi Local Council of the state, had been in a land conflict for about four years.
He said soldiers came to their town to request to investigate and search all houses for a kidnapped Ijaw man, to which they consented unwillingly, although they knew nothing about the fellow allegedly kidnapped.
“That it is the duty of the Nigerian police to receive a petition on the case of the crime of kidnapping, investigate it, make an arrest and prosecute the culprit and not that of the respondent,” he swore.
He further averred that the soldiers after searching and finding nothing incriminating insisted on arresting community leaders, which caused the people present to plead and hold their legs begging them to leave their leaders in tears, but the soldiers shot and killed some people to disperse them.
Akemor said while on their way to Bomadi, four-speed boats suddenly arrived and opened fire on the soldiers and those arrested, killing 17 of the soldiers and some civilians. According to him, the soldiers in reprisal, invaded their community and breached their fundamental rights without a fair hearing.
