Niger Delta Communities Sue FG over Military Attack: Indigenes of various communities in Gbaramatu Kingdom in Delta State have sued the Federal Government over military attack in the Niger Delta. In SUIT NO: FHC/ASB/CS/139/2009 filed 23 June 2009, at the Federal High Court in Asaba by their solicitor Mr Femi Falana, the plaintiffs are asking the court for:
1. A DECLARATION that the deployment of the Nigerian Army, Navy and Airforce to Delta State by the 1st Defendant (the President of the Federal Republic of Nigeria) on May 13, 2009 is illegal and unconstitutional as it violates Section 217 of the 1999 Constitution.
2. A DECLARATION that the wanton destruction of lives, property and mass displacement of innocent persons including women and children by the military bombardments of the communities in Delta State is illegal, and in gross violation of the fundamental rights and humanitarian protection conferred on them by the Constitution, and the Geneva Conventions Act Cap G3 Laws of the Federation, 2004.
3. AN ORDER directing the Defendants to pay N100 billion damages to the Plaintiffs for the lives and properties wantonly destroyed by the military operations and to rebuild all the houses demolished during the bombardments.
4. AN ORDER of PERPETUAL INJUNCTION restraining the Defendants, either by themselves, their privies, agents and servants or howsoever called from deploying the Armed Forces to the Gbaramatu Community without complying with a law enacted by the National Assembly.
Joined as plaintiffs are President Umaru Yar’Adua, the Attorney General of the Federation and
Major General Sarkin Yarkin Bello. The Plaintiffs averred that “the military operations were
ordered by the Defendant without complying with any law enacted by the National Assembly to
that effect. Innocent dwellers of the communities and those visiting the region for the annual
Amaseikumor festival scheduled for the day the bombings started were sent fleeing their homes
and the region for safety by the fierceness and extensive destruction occasioned by the
indiscriminate bombings.”
The plaintiffs also claimed that “ The indiscriminate shelling came without warning, and the
innocent and non-combatant civilians were not allowed any opportunity to evacuate themselves.
The displaced community dwellers are now slumming it in the forest and other makeshift
shelters with no adequate food, clothing or medical supplies. The Defendants refused
humanitarian aid groups and human rights groups access into the area having declared the
place a no-go area and occupied same with armed soldiers.”
According to the plaintiffs, “Some soldiers of the JTF stormed and invaded the Ogbe-Ijoh
General Hospital to harass and arrest medical personnel there for treating wounded and sick
victims of the heavy attacks on the communities on the 16th May 2009. Mass starvation,
displacement and health crises are deepening by the day. The schooling of children of school
age has been completely disrupted as the teachers have fled the communities, while the pupils
and students have become refugees. The ongoing Secondary School Certificate Examination
(SSCE), First School Leaving Certificate Examinations and other public statutory exams cannot
hold in Gbaramatu Kingdom as no official of these examination bodies can access the area.”
“The men folk have been driven into the forest by the prowling army of occupation which has mounted blockades everywhere in the Gbaramatu communities. The men and male youths have continued to remain in hiding for fear of being branded “militants” by the JTF. The prowling JTF have continued to torture, arrest and/or kill hapless citizens of the region and raping the women and girls. Social and economic life of the communities has been grounded to a halt. Hundreds of innocent citizens including women, children and the aged were killed during the military invasion. Thousands of others including women, children and the aged have also been displaced. Thousands have been declared missing. Houses and other properties worth billions of naira have been destroyed as a result of the actions of the Defendants,” the plaintiffs further added.
The plaintiffs also claimed that “The Defendants have extended the land, water and aerial attacks to other parts of the Niger Delta, including Abonnema Town of Rivers State and Opoye in the Ijaw Community, Rivers State, in the guise of flushing out militants. The ongoing military attacks on the innocent population as well as individual civilians in the Niger Delta area premeditated campaign by the Nigerian Government against the region. The attitude of the Nigerian Government toward the area found expression in the comments of some members of the National Assembly made on the Parliamentary floor and encapsulated thus: “We can do away with 20 million militants for the rest 120 million Nigerians to live”. There is no sign that the ongoing occupation of the armed forces in the region and the attendant atrocities will end any time soon.”
SIGNED
FEMI FALANA
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STATEMENT OF CLAIM: 1.The Plaintiffs are indigenes of various communities in Gbaramatu Kingdom in Delta State.
2.The Plaintiffs have the mandate of their various communities to institute this action in a representative capacity.
.
3.The 1st Defendant is the President of Nigeria and Commander-in-Chief of the Nigerian Armed Forces.
4.The 2nd Defendant is the Attorney-General of the Federation, and as such the Chief Law Officer of the Federation.
5.The 3rd Defendant is the head of the Joint Task Force of the army, navy and airforce posted to the South-South zone by the 1st Defendant.
6.The Plaintiffs aver that on Wednesday May 13, 2009, the Joint Task Force(JTF) began the land, water and air bombardments of a large area in the Gbaramatu Kingdom composed of the following communities – Oporoza, Kunukunuma, Azama, Inikorogha, Ubefan, Kurutie, Okerenkoko, Pepe-Ama, Kokodiagbene, Benikrukru, Okpele-Ama, Opuedebubo, Opuede, Igaisuogbene, Ikantu, Goba, Zoula (Jaghala), Kenyagbene, Ikpokpo, Yorokirigbene, Adakagbene, Sagharagbene, Agbalagbagbene, Debe-Ama, Jones Creek Federated, Agwagwakinrigha, Taraitagbene, Ugeh, Edeiubagbene, Tamarabode Zion, Bibopre Zion, New Jerusalem Zion, Daubriye, Egwa, Ekpemu, Oburu, Makaraba, Okoitori, Ikangbene, Otungbo, Seingbene, Seitorububor, Perezoweikoigbene, Olukperebu, Teidegbene, Odidi, Ogidadunor, Bikumogbene, Toikayegbene, Edelegbene, Oloupuweigbene and Korokiri under the pretext of attacking the Camp 5 belonging to Mr. Government Tompolo. The Plaintiffs will rely on the NEXT Newspaper of Sunday, May 31st 2009 which reported the illegal attack during trial.
7.The Plaintiffs aver that the military operations were ordered by the 1st Defendant without complying with any law enacted by the National Assembly to that effect.
8.The Plaintiffs further aver that the innocent dwellers of the communities and those visiting the region for the annual Amaseikumor festival scheduled for the day the bombings started were sent fleeing their homes and the region for safety by the fierceness and extensive destruction occasioned by the indiscriminate bombings.
9.The indiscriminate shelling came without warning, and the innocent and non-combatant civilians were not allowed any opportunity to evacuate themselves.
10.The Plaintiffs aver that the displaced community dwellers are now slumming it in the forest and other makeshift shelters with no adequate food, clothing or medical supplies. The Plaintiffs will rely on the copy of the Saturday Tribune of May 23, 2009 on the humanitarian crisis occasioned by the military attack during trial.
11.The Defendants refused humanitarian aid groups and human rights groups access into the area having declared the place a no-go area and occupied same with armed soldiers.
12.The Plaintiffs aver that some soldiers of the JTF stormed and invaded the Ogbe-Ijoh General Hospital to harass and arrest medical personnel there for treating wounded and sick victims of the heavy attacks on the communities on the 16th May 2009.
13.Mass starvation, displacement and health crises are deepening by the day.
14.The schooling of children of school age has been completely disrupted as the teachers have fled the communities, while the pupils and students have become refugees.
15.The ongoing Secondary School Certificate Examination (SSCE), First School Leaving Certificate Examinations and other public statutory exams cannot hold in Gbaramatu Kingdom as no official of these examination bodies can access the area.
16.The men folk have been driven into the forest by the prowling army of occupation which has mounted blockades everywhere in the Gbaramatu communities.
17.The men and male youths have continued to remain in hiding for fear of being branded “militants” by the JTF.
18.The prowling JTF have continued to torture, arrest and/or kill hapless citizens of the region and raping the women and girls.
19.The Plaintiffs aver that social and economic life of the communities has been grounded to a halt. The Plaintiffs shall rely on the copy of the Next Newspaper of Sunday, 7th June 2009 during trial.
20.The Plaintiffs aver that hundreds of innocent citizens including women, children and the aged were killed during the military invasion. Thousands of others including women, children and the aged have also been displaced. Thousands have been declared missing.
21.The Plaintiffs further aver that houses and other properties worth billions of naira have been destroyed as a result of the actions of the Defendants. The Plaintiffs shall rely on the copy of the Vanguard Newspaper of Monday, June 1, 2009 during trial.
22.The Defendants have extended the land, water and aerial attacks to other parts of the Niger Delta, including Abonnema Town of Rivers State and Opoye in the Ijaw Community, Rivers State, in the guise of flushing out militants. The Plaintiffs will rely on the copy of the Vanguard Newspaper of Wednesday, June 3, 2009 during trial
23.The ongoing military attacks on the innocent population as well as individual civilians in the Niger Delta area premeditated campaign by the Nigerian Government against the region.
24.The attitude of the Nigerian Government toward the area found expression in the comments of some members of the National Assembly made on the Parliamentary floor and encapsulated thus: “We can do away with 20 million militants for the rest 120 million Nigerians to live”, quoted by THISDAY Newspaper of Friday, May 22, 2009 at pages 1 & 6, which quotation the Plaintiffs verily believe to be true. The Plaintiffs shall rely on the copy of THISDAY Newspaper of Friday, May 22, 2009 and THISDAY Newspaper of Monday, May 25, 2009 during trial.
25.There is no sign that the ongoing occupation of the armed forces in the region and the attendant atrocities will end any time soon.
26.WHEREOF the Plaintiffs claim against the Defendants jointly and severally are as follows:
1.A DECLARATION that the deployment of the Nigerian Army, Navy and Airforce to Delta State by the 1st Defendant (the President of the Federal Republic of Nigeria) on May 13, 2009 is illegal and unconstitutional as it violates Section 217 of the 1999 Constitution.
2.A DECLARATION that the wanton destruction of lives, property and mass displacement of innocent persons including women and children by the military bombardments of the communities in Delta State is illegal, and in gross violation of the fundamental rights and humanitarian protection conferred on them by the Constitution, and the Geneva Conventions Act Cap G3 Laws of the Federation, 2004.
3.AN ORDER directing the Defendants to pay N100 billion damages to the Plaintiffs for the lives and properties wantonly destroyed by the military operations and to rebuild all the houses demolished during the bombardments.
4.AN ORDER of PERPETUAL INJUNCTION restraining the Defendants, either by themselves, their privies, agents and servants or howsoever called from deploying the Armed Forces to the Gbaramatu Community without complying with a law enacted by the National Assembly.
Dated this………day of June, 2009
…………………………………….
FEMI FALANA ESQ.
FALANA & FALANA’S CHAMBERS
25 ADEKUNLE FAJUYI WAY,
G.R.A IKEJA, LAGOS
FOR SERVICE ON:
1.THE 1ST DEFENDANT
THE PRESIDENCY
ASO ROCK,
ABUJA, F.C.T
2.THE 2ND DEFENDANT
THE FEDERAL MINISTRY OF JUSTICE
FEDERAL MINISTRY OF JUSTICE
MAITAMA DISTRICT, ABUJA
3.THE 3RD DEFENDANT
COL. RABE ABUBAKAR
MILITARY BARRACKS
EFFURUN, DELTA STATE
STATEMENT ON OATH
I, CHIEF JONATHAN GERE BAKA ARI, Male, Nigerian Citizen and the Puwei of Gbaramatu Kingdom of No 1, Palace Road, Pere Palace, Oporoza Town, Warri Southwest LGA, Delta State do hereby make oath and state as follows:
1.That I am the Puwei (i.e the Chief Scribe) of Gbaramatu Kingdom.
2.That by virtue of my position I am conversant with the facts of this case.
3.T hat I have the authority and consent of the other Plaintiffs to depose to this affidavit.
4.The Plaintiffs are indigenes of various communities in Gbaramatu Kingdom in Delta State.
5.The 1st Defendant is the President of Nigeria and Commander-in-Chief of the Nigerian Armed Forces.
6.The 2nd Defendant is the Attorney-General of the Federation, and as such the Chief Law Officer of the Federation.
7.The 3rd Defendant is the head of the Joint Task Force of the army, navy and airforce posted to the South-South zone by the 1st Defendant.
8.On Wednesday May 13, 2009, the Joint Task Force(JTF) began the land, water and air bombardments of a large area in the Gbaramatu Kingdom composed of the following communities – Oporoza, Kunukunuma, Azama, Inikorogha, Ubefan, Kurutie, Okerenkoko, Pepe-Ama, Kokodiagbene, Benikrukru, Okpele-Ama, Opuedebubo, Opuede, Igaisuogbene, Ikantu, Goba, Zoula (Jaghala), Kenyagbene, Ikpokpo, Yorokirigbene, Adakagbene, Sagharagbene, Agbalagbagbene, Debe-Ama, Jones Creek Federated, Agwagwakinrigha, Taraitagbene, Ugeh, Edeiubagbene, Tamarabode Zion, Bibopre Zion, New Jerusalem Zion, Daubriye, Egwa, Ekpemu, Oburu, Makaraba, Okoitori, Ikangbene, Otungbo, Seingbene, Seitorububor, Perezoweikoigbene, Olukperebu, Teidegbene, Odidi, Ogidadunor, Bikumogbene, Toikayegbene, Edelegbene, Oloupuweigbene and Korokiri under the pretext of attacking the Camp 5 belonging to Mr. Government Tompolo.
9.The military operations were ordered by the 1st Defendant without complying with any law enacted by the National Assembly to that effect.
10.The innocent dwellers of the communities and those visiting the region for the annual Amaseikumor festival scheduled for the day the bombings started were sent fleeing their homes and the region for safety by the fierceness and extensive destruction occasioned by the indiscriminate bombings.
11.The indiscriminate shelling came without warning, and the innocent and non-combatant civilians were not allowed any opportunity to evacuate themselves.
12.The displaced community dwellers are now slumming it in the forest and other makeshift shelters with no adequate food, clothing or medical supplies.
13.The Defendants refused humanitarian aid groups and human rights groups access into the area having declared the place a no-go area and occupied same with armed soldiers.
14.That some soldiers of the JTF stormed and invaded the Ogbe-Ijoh General Hospital to harass and arrest medical personnel there for treating wounded and sick victims of the heavy attacks on the communities on the 16th May 2009.
15.Mass starvation, displacement and health crises are deepening by the day.
16.The schooling of children of school age has been completely disrupted as the teachers have fled the communities, while the pupils and students have become refugees.
17.The ongoing Secondary School Certificate Examination (SSCE), First School Leaving Certificate Examinations and other public statutory exams cannot hold in Gbaramatu Kingdom as no official of these examination bodies can access the area.
18.The men folk have been driven into the forest by the prowling army of occupation which has mounted blockades everywhere in the Gbaramatu communities.
19.The men and male youths have continued to remain in hiding for fear of being branded “militants” by the JTF.
20.The prowling JTF have continued to torture, arrest and/or kill hapless citizens of the region and raping the women and girls.
21.The social and economic life of the communities has been grounded to a halt.
22.That hundreds of innocent citizens including women, children and the aged were killed during the military invasion. Thousands of others including women, children and the aged have also been displaced. Thousands have been declared missing.
23.That houses and other properties worth billions of naira have been destroyed as a result of the actions of the Defendants.
24.The Defendants have extended the land, water and aerial attacks to other parts of the Niger Delta, including Abonnema Town of Rivers State and Opoye in the Ijaw Community, Rivers State, in the guise of flushing out militants.
25.The ongoing military attacks on the innocent population as well as individual civilians in the Niger Delta area premeditated campaign by the Nigerian Government against the region.
26.The attitude of the Nigerian Government toward the area found expression in the comments of some members of the National Assembly made on the Parliamentary floor and encapsulated thus: “We can do away with 20 million militants for the rest 120 million Nigerians to live”, quoted by THISDAY Newspaper of Friday, May 22, 2009 at pages 1 & 6, which quotation the Plaintiffs verily believe to be true.
27.There is no sign that the ongoing occupation of the armed forces in the region and the attendant atrocities will end any time soon.
28.That I rely on the documents attached to the List of Documents to establish the facts herein before stated.
29.I urge this Honourable Court to grant the reliefs sought in the Writ of Summons and Statement of Claim.
30.I make this declaration in accordance with the Oath Act.
………………
DEPONENT
SWORN TO at the Federal
High Court Registry, Asaba
This……….day of June, 2009
BEFORE ME
COMMISSIONER FOR OATHS
LIST OF DOCUMENTS TO BE RELIED ON
1. NEXT newspaper of Sunday, May 31, 2009
2. Saturday Tribune of May 23, 2009
3. NEXT newspaper of Sunday, June 7, 2009
4. Vanguard Newspaper of Monday, June 1, 2009
5. Vanguard Newspaper of Wednesday, June 3, 2009
6. THISDAY Newspaper of Friday, May 22, 2009
7. THISDAY Newspaper of Monday, 25, 2009.
Dated this………day of June, 2009
…………………………………….
FEMI FALANA ESQ.
FALANA & FALANA’S CHAMBERS
25 ADEKUNLE FAJUYI WAY,
G.R.A IKEJA, LAGOS
FOR SERVICE ON:
1. THE 1ST DEFENDANT
THE PRESIDENCY
ASO ROCK,
ABUJA, F.C.T
2. THE 2ND DEFENDANT
THE FEDERAL MINISTRY OF JUSTICE
FEDERAL MINISTRY OF JUSTICE
MAITAMA DISTRICT, ABUJA
3. THE 3RD DEFENDANT
COL. RABE ABUBAKAR
MILITARY BARRACKS
EFFURUN, DELTA STATE
Appendix A
WRIT OF SUMMONS (Order 6 Rules 1 & 8)
(Order 13 Rule 18)
THIS WRIT IS TAKEN OUT IN DELTA STATE AND TO BE SERVED ON PRESIDENT OF THE FEDERAL REPUBLIC OF NIGERIA AND ATTORNEY-GENERAL OF THE FEDERATION IN THE FEDERAL CAPITAL TERRITORY, ABUJA.
IN THE FEDERAL HIGH COURT OF NIGERIA
HOLDEN AT ASABA
SUIT NO: FHC/ASB/CS/139/2009
BETWEEN:
1. CHIEF NELSON OGELEGBANWEI
(FOR HIMSELF AND ON BEHALF OF THE
OPOROZA COMMUNITY)
2. CHIEF CLARK GBENEWEI
(FOR HIMSELF AND ON BEHALF OF THE
KUNUKUNUMA COMMUNITY)
3. CHIEF GODSPOWER GBENEKAMA
(FOR HIMSELF AND ON BEHALF OF THE
AZAMA COMMUNITY)
4. CHIEF ISAIAH UKULOR
(FOR HERSELF AND ON BEHALF OF THE
INIKOROGHA COMMUNITY)
5. CHIEF CHARLIE BINAMA
(FOR HIMSELF AND ON BEHALF OF THE
UBEFAN COMMUNITY)
6. CHIEF SATURDAY WERESIGHA
(FOR HIMSELF AND ON BEHALF OF THE PLAINTIFFS
KURUTIE COMMUNITY)
7. CHIEF (ELD) OYAGHA P. T. HEAVENS
(FOR HIMSELF AND ON BEHALF OF THE
OKERENKOKO COMMUNITY)
8. CHIEF MICHAEL ATANBA
(FOR HIMSELF AND ON BEHALF OF THE
PEPE-AMA COMMUNITY)
9. CHIEF EMMANUEL A. TIMIYAN
(FOR HIMSELF AND ON BEHALF OF THE
KOKODIAGBENE COMMUNITY)
10. CHIEF PARIS IMOUN
(FOR HIMSELF AND ON BEHALF OF THE
BENIKRUKRU COMMUNITY)
11. CHIEF AKIN MALA
(FOR HIMSELF AND ON BEHALF OF THE
OKPELE-AMA (TEBUJOR) COMMUNITY)
12. CHIEF JACOB UYASA
(FOR HIMSELF AND ON BEHALF OF THE
OPUEDEBUBOR COMMUNITY)
13. EF FINEBOY IBIME
(FOR HIMSELF AND ON BEHALF OF THE
OPUEDE COMMUNITY)
14. PAUL UKULI
(FOR HIMSELF AND ON BEHALF OF THE
IGAISUOGBENE COMMUNITY)
15. CHIEF COL. (RTD) S. A. ETOROMI
(FOR HIMSELF AND ON BEHALF OF THE
IKANTU COMMUNITY)
16. CHIEF FUNFUGHA AYEIBO
(FOR HIMSELF AND ON BEHALF OF THE
GOBA COMMUNITY)
17. CHIEF SAM EYENGHO
(FOR HIMSELF AND ON BEHALF OF THE
ZOUALA (JAGHALA) COMMUNITY)
18. CHIEF JULIUS OGOBA
(FOR HIMSELF AND ON BEHALF OF THE
KENYAGBENE COMMUNITY)
19. CHIEF DAVID ODUDU
(FOR HIMSELF AND ON BEHALF OF THE
IKPOKPO COMMUNITY)
20. CHIEF WILLIAM AJOLOSEMI
(FOR HIMSELF AND ON BEHALF OF THE
YOROKIRIGBENE COMMUNITY)
21. LUCKY AJOLOSEMI
(FOR HIMSELF AND ON BEHALF OF THE
ADAKAGBENE COMMUNITY) PLAINTIFFS
22. CHIEF JOEL GBANALE
(FOR HIMSELF AND ON BEHALF OF THE
SAGHARAGBENE COMMUNITY)
23. PAUL AGBALAGBA
(FOR HIMSELF AND ON BEHALF OF THE
AGBALAGBAGBENE COMMUNITY)
24. ENGR. JOHN PINIKI
(FOR HIMSELF AND ON BEHALF OF THE
DEBE-AMA COMMUNITY)
25. WILFRED KOKO
(FOR HIMSELF AND ON BEHALF OF THE
JONES CREEK FEDERATED COMMUNITY)
26. SANDOS TORTOR
(FOR HIMSELF AND ON BEHALF OF THE
AGWAGWAKINRIGHA COMMUNITY)
27. JOSEPH WURUYAI
(FOR HIMSELF AND ON BEHALF OF THE
TARAITAGBENE COMMUNITY)
28. SAMSON TORTOR
(FOR HIMSELF AND ON BEHALF OF THE
UGEH COMMUNITY)
29. DICKSON TIMIYAN
(FOR HIMSELF AND ON BEHALF OF THE
EDEIUBAGBENE COMMUNITY)
30. FELIX EGWARE
(FOR HIMSELF AND ON BEHALF OF THE
TAMARABODE ZION COMMUNITY)
31. CHIEF VOTE ADAGBABIRI
(FOR HIMSELF AND ON BEHALF OF THE
BIBOPRE ZION COMMUNITY)
32. CHIEF PHILIP TONFAWEI
(FOR HIMSELF AND ON BEHALF OF THE
NEW JERUSALEM ZION COMMUNITY)
33. CHIEF AARON IFITIMO
(FOR HIMSELF AND ON BEHALF OF THE
DAUBRIYE COMMUNITY)
34. PETER LAWEI
(FOR HIMSELF AND ON BEHALF OF THE
EGWA COMMUNITY)
35. CHIEF CLERRY IBOJOR
(FOR HIMSELF AND ON BEHALF OF
THE EKPEMU COMMUNITY)
36. GODWIN AKORI
(FOR HIMSELF AND ON BEHALF OF THE
OBURU COMMUNITY)
37. CHIEF DAVID BUBOR
(FOR HIMSELF AND ON BEHALF OF THE
MAKARABA COMMUNITY)
38. CENSUS OLUBA
(FOR HIMSELF AND ON BEHALF OF THE
OKOITORI COMMUNITY)
39. WILLIAM AMAMI
(FOR HIMSELF AND ON BEHALF OF THE
IKANGBENE COMMUNITY)
40. AMOS UTOH
(FOR HIMSELF AND ON BEHALF OF THE
OTUNGBO COMMUNITY)
41. CHIEF CLEMENT ARUWEI
(FOR HIMSELF AND ON BEHALF OF THE PLAINTIFFS
SEINGBENE COMMUNITY)
42. OGINIBO UTUEBI
(FOR HIMSELF AND ON BEHALF OF THE
SEITORUBUBOR COMMUNITY)
43. CLEMENT AMAKORU
(FOR HIMSELF AND ON BEHALF OF THE
PEREZOWEIKOIGBENE COMMUNITY)
44. PRINCE PHILIP TONFAWEI
(FOR HIMSELF AND ON BEHALF OF THE
OLUKPEREBU COMMUNITY)
45. SAMSON TEIDE
(FOR HIMSELF AND ON BEHALF OF THE
TEIDEGBENE COMMUNITY)
46. FELIX ODIKI
(FOR HIMSELF AND ON BEHALF OF THE
ODIDI COMMUNITY)
47. APOSTLE GODWIN EBE IYABO
(FOR HIMSELF AND ON BEHALF OF THE
OGIDADUNOR COMMUNITY)
48. FRANCIS GOVERNOR
(FOR HIMSELF AND ON BEHALF OF THE
BIKUMOGBENE COMMUNITY)
49. ISAIAH GBENEKAMA
(FOR HIMSELF AND ON BEHALF OF THE
TOIKAYEGBENE COMMUNITY)
50. EMMANUEL TONLAGHA
(FOR HIMSELF AND ON BEHALF OF THE
EDELEGBENE COMMUNITY)
51 JOHN ABASE
(FOR HIMSELF AND ON BEHALF OF THE
OLOUPUWEIGBENE COMMUNITY) PLAINTIFFS
52. ALAMO SEIBI
(FOR HIMSELF AND ON BEHALF OF THE
KOROKIRI COMMUNITY)
AND
1. PRESIDENT OF THE FEDERAL REPUBLIC
OF NIGERIA
2. ATTORNEY-GENERAL OF THE FEDERATION DEFENDANTS
3. MAJOR-GENERAL SARKIN YARKIN BELLO
(For himself and on behalf of the
Joint Task Force in Delta State)
……………………………….…………………………….………………………Defendant(s)
TO:………… THE DEFENDANTS
OF:……… THE 1ST DEFENDANT
THE PRESIDENCY
ASO ROCK,
ABUJA, F.C.T
THE 2ND DEFENDANT
THE FEDERAL MINISTRY OF JUSTICE
FEDERAL MINISTRY OF JUSTICE
MAITAMA DISTRICT, ABUJA
THE 3RD DEFENDANT
COL. RABE ABUBAKAR
MILITARY BARRACKS
EFFURUN, DELTA STATE
IN THE:……………ASABA JUDICIAL DIVISION………..OF NIGERIA
You are hereby commanded that within forty two days after the service of this writ on you, inclusive of the day of such service, you do cause an appearance to be entered for you in an action at the suit of ………………..……………………….. PLAINTIFFS……………………………………….. and take notice in default of your so doing the Plaintiffs may proceed therein, and judgment may be given in your absence.
Dated this……………………….. day of………………………..2009
By Order of the Court
Registrar
N.B. This writ is to be served within twelve calendar months from the date thereof or if renewed, within six calendar months from the date of the last renewal, including the day of such date, and not afterwards.
The Defendant may enter appearance personally or by Legal Practitioner by handling in the appropriate forms duly completed, at the Registry of the Judicial Division in which the action is brought, or by sending them to the Registry by registered post.
WRIT OF SUMMONS
INDORSEMENTS
Whereof the Plaintiffs claims against the Defendants joint and severally are as follows:
1.A DECLARATION that the deployment of the Nigerian Army, Navy and Airforce to Delta State by the 1st Defendant (the President of the Federal Republic of Nigeria) on May 13, 2009 is illegal and unconstitutional as it violates Section 217 of the 1999 Constitution.
2.A DECLARATION that the wanton destruction of lives, property and mass displacement of innocent persons including women and children by the military bombardments of the communities in Delta State is illegal, and in gross violation of the fundamental rights and humanitarian protection conferred on them by the Constitution, and the Geneva Conventions Act Cap G3 Laws of the Federation, 2004.
3.AN ORDER directing the Defendants to pay N100 billion damages to the Plaintiffs for the lives and properties wantonly destroyed by the military operations and to rebuild all the houses demolished during the bombardments.
4.AN ORDER of PERPETUAL INJUNCTION restraining the Defendants, either by themselves, their privies, agents and servants or howsoever called from deploying the Armed Forces to the Gbaramatu Community without complying with a law enacted by the National Assembly.
Dated this……….. day of June, 2009
…………………………………………
FEMI FALANA Esq.
FALANA & FALANA’S CHAMBERS
25 ADEKUNLE FAJUYI WAY,
G.R.A IKEJA, AGOS
This writ was issued by ………… FEMI FALANA ESQ. ………………..………………………..
of ………………… FALANA & FALANA’S CHAMBERS………………….…………..……whose address
for service is …………. NO 25 ADEKUNLE FAJUYI WAY, G.R.A IKEJA, LAGOS ………………….
……………………………………. Agent for …………….. PLAINTIFFS ……………. Of……………
Legal Practitioner for the said Plaintiffs who resides at ……………………………………………….
(mention the city, town or district and also the name of the street and number of the house of the Plaintiffs’ residence, if any)
This Writ was served by me at ……………………………………………………………………….
On the Defendant (described mode of service)……………………………………………………….
On the …………………………..day of………………………………………2009
Indorsed the……………………….. day of……………………2009
SIGNED …………………………
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