Mr Lucky Okodeh had sued the Nigerian Army for allegedly publishing his photograph among those wanted in connection to the killing of 17 soldiers in Okuama in Delta.
A Federal High Court in Abuja has adjourned a N2 billion fundamental rights enforcement suit filed by Mr Lucky Okodeh, a former Caretaker Chairman, Southern Ijaw Local Government Area of Bayelsa State, till November 28.
Mr Lucky Okodeh had sued the Nigerian Army for allegedly publishing his photograph among those wanted in connection to the killing of 17 soldiers in Okuama in Delta.
Okodeh, in the suit filed before Justice Binta Nyako of a Federal High Court, Abuja by his lawyer, Femi Falana, SAN, prayed the court to award a N2 billion in damages against the respondents for alleged violation of his rights to personal liberty and dignity.
Falana, in the suit marked: FHC/ABJ/CS/590/2024 dated and filed on May 3, sued the Chief of Defence Staff (CDS) and Chief of Army Staff (CAS) as 1st and 2nd respondents.
The applicant prayed the court to set aside his declaration and award the fine as compensation for the damages suffered over the action of the Defence Headquarters in Abuja.
Okodeh averred that the action had affected his political career and made him to go into hiding, the News Agency of Nigeria reports.
On March 14, 17 officers of the Nigerian Army were murdered by unknown persons in Okuama, Delta State, causing the Defence Headquarters in Abuja to declare 8 persons wanted.
Though Okodeh’s name was not published among the wanted list, his photograph was posted on a name which was not his, which he also said no member of his family or extended family bears.
Okodeh, who was earlier the chairmanship candidate of the Peoples Democratic Party (PDP) 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, noting that he is a law-abiding Nigerian citizen with no criminal record from childhood.
He also prayed the court to order the respondents to tender an apology which should be published on both print and electronic media, so that his life could return to normal.
However, Justice Binta Nyako on Thursday adjourned the case following an oral application by Okodeh’s counsel, Asmau Yunusa, to enable her respond to a counter-affidavit filed by Mimi Ayua, lawyer representing the Chief of Defence Staff (CDS), Gen. Christopher Musa.
Yunusa, who appeared for the applicant, told the court that the matter was slated for mention, according to the News Agency Nigeria.
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 representing the CDS, Mimi Ayua, and Yunusa that the parties should be able to resolve the issue amicably.
Justice Nyako then adjourned the matter till November 28 for further mention.
She ordered that the 2nd respondent be served with the hearing notice.