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, until November 28.
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, Gen. Christopher Musa.
The News Agency of Nigeria reports that Okodeh, in the suit marked: FHC/ABJ/CS/590/2024 dated and filed on May 3 by Mr Femi Falana, SAN, had sued the CDS Musa and Chief of Army Staff (CAS) Taoreed Lagbaja, as 1st and 2nd 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.
He, therefore, 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 she was in receipt of a counter affidavit by the 1st respondent (CDS) on Wednesday and that she would need little time to respond.
She said the 2nd respondent (Lagbaja) was not represented in court.
Justice Nyako, however, told the lawyer who represented the CDS, Mimi Ayua, and Yunusa that the issue is what the parties can sit down together to resolve amicably.
According to the judge, it is not what we should waste the taxpayers’ money on.
Justice Nyako then adjourned the matter until Nov. 28 for further mention.
She 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.
It will be recalled that on March 14, 17 officers of the Nigerian Army were murdered by unknown persons in Okuama in Delta, causing the Defence Headquarters Abuja to declare 8 persons wanted.
Though 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, who was the chairmanship candidate of the Peoples Democratic Party 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.
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.(NAN).
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