The court awarded N50,000 against the army and the defence chief on Thursday.
A Federal High Court in Yenagoa, Bayelsa State has awarded a cost of N50,000 against the Nigerian Army and the Chief of Defence Staff in an ongoing fundamental rights case.
The court awarded N50,000 against the army and the defence chief on Thursday.
The case was instituted by an activist and lawyer based in the Niger Delta, Festus Daumiebi Sunday.
The 1st to 4th Respondents are the Nigerian Army, Chief of Army Staff, Chief of Defence Staff and the Attorney General of the Federation respectively.
Sunday told the court that his country home in Igbomotoru I, Southern Ijaw Local Government Area of Bayelsa State was invaded and properties worth hundreds of millions of naira were destroyed by personnel representing the Ist to 3rd Respondents on the March 30 and 31, 2024.
The Applicant, Festus Daumiebi Sunday, through his legal team led by Professor O. F. Emiri (SAN) had sought N20.4billion in special and exemplary damages against the Nigerian Army, Chief of Army Staff, Chief of Defence Staff and the Attorney General of the Federation for the unlawful invasion of his country home and subsequent destruction of his property.
However, despite been served with the appropriate court processes in three consecutive occasions, the Respondents failed to enter appearance either in person or through legal practitioners or file any processes in response to the Applicant's claims.
Angered by the unprovoked and flagrant disrespect of the Court by the Respondents, the court in its last sitting on June 11, 2024 ordered that hearing notices be served on the Respondents one more time and if they still ignored the court, the court shall hear the originating application of the Applicant for the enforcement of his fundamental rights.
Surprisingly, the 1st and 3rd Respondents entered appearance through a legal practitioner on Wednesday, July 4, 2024 and pleaded with the court for a grace of 60 days to enable them file their responses, an application which was vehemently opposed by the lead Applicant's counsel in court, Barr. Affinih Egbegi - a former Attorney General of Bayelsa State.
In its ruling, the court ruled that all Respondents to the suit must file and serve their responses and pay the accrued penalties to enable the Applicant respond and accordingly adjourned the case to July 19, 2024 for the hearing of the originating application with cost of N50,000 (Fifty Thousand Naira) awarded against Nigerian Army and the Chief of Defence Staff in favour of the Applicant.
Sunday, a Bayelsa State-born real estate magnate, who was a governorship aspirant in the All Progressives Congress and senatorial candidate for Bayelsa Central Senatorial District in the 2019 general elections on June 1, 2024, accused army personnel of carrying out the destruction.
He alleged that they were led by known civilians who were close political allies of the APC Deputy Governorship candidate of Bayelsa State in the 2023 election.
Sunday was represented by 16 seasoned legal practitioners in court.