A Federal High Court in Abuja on Thursday adjourned an N2 billion fundamental rights enforcement suit filed by a former Caretaker Chairman, Southern Ijaw Local Government of Bayelsa, Mr Lucky Okodeh, until November 28.
In the resumption of the case on Thursday, Justice Binta Nyako adjourned the case after the counsel gave an oral application to the former Caretaker Chairman, Asmau Yunusa. The council noted that the adjournment would aid him in responding to the counter affidavit filed by Mimi Ayua, lawyer to the Chief of Defence, Gen. Christopher Musa.
It was reported that the suit was marked FHC/ABJ/CS/590/2024; it was filed on May 3 by Mr Femi Falana, SAN; it was further noted that the suit had sued the CDS CDS Musa and Chief of Army Staff (CAS) Taoreed Lagbaja, who are said to be the first and second respondents respectively.
In the application, the applicants have accused the defendants of an alleged publication of his identity among the individuals who have been declared wanted by the army for the killing of 17 soldiers in Okuama in Delta State.
In the application, the court was also asked to set aside his declaration and award the fine as compensation for damages suffered due to the Defence Headquarters Abuja’s action.
When the hearing of the case resumed on Thursdays the counsel to the applicant told the court the case was slated for mention.
While responding Justice Nyako, told the team of lawyers who represented the CDS, Mimi Ayua, and Yunusa that the matter was a case that could be resolved by the parties through an amicable agreement. She noted that the matter was not important to the level of wasting the tax payers money.
The justice then adjourned the case until November 28 for further consideration. She noted that the second respondent should be served with the hearing notice.
In the affidavit presented in court to support the suit filed, the appellant stated that the action of the defendant had affected his political career, which had led him to go into hiding in the country.
Recall that on March 14, 2024, 17 officers of the Nigerian Army were killed by some unknown persons in Okuama in Delta State, which led the Defence Headquarters Abuja to issue a statement declaring eight persons from the community wanted.
In the publication, the name of the appellant was not mentioned on the publication by his name, but his picture was included in the publication. Also, the name mentioned by the Defence Headquarters was not part of the name of any of his family members.
Okodeh, the Peoples Democratic Party chairmanship candidate for the April 11 LG elections in the state, was forced to withdraw his name and substitute it with another candidate following the publication of his photograph in the wanted list.
He has also asked the court to order a perpetual injunction restraining the CDS and CAS from arresting him. He noted that he had been a lawful citizen of the country without any form of criminal record since his birth.
He also asked 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 everyday life.
