A Federal
High Court, sitting in Port Harcourt Tuesday ordered the Federal
Government to pay N37.6b compensation to the people of Odi community in
Kolokuma/Opokuma Local Government Area of Bayelsa State over the invasion of
their community by armed soldiers during the administration of President
Olusegun Obasanjo.
High Court, sitting in Port Harcourt Tuesday ordered the Federal
Government to pay N37.6b compensation to the people of Odi community in
Kolokuma/Opokuma Local Government Area of Bayelsa State over the invasion of
their community by armed soldiers during the administration of President
Olusegun Obasanjo.
Justice
Lambi Akanbi of the Federal High Court, Port Harcourt, who gave the order while
delivering judgment in a N100 billion suit filed by the people of Odi community
against the Federal Government also ordered that the compensation should be
paid within three weeks.
Lambi Akanbi of the Federal High Court, Port Harcourt, who gave the order while
delivering judgment in a N100 billion suit filed by the people of Odi community
against the Federal Government also ordered that the compensation should be
paid within three weeks.
They prayed
the court to award them the amount as damages for the destruction of lives and
property in Odi. The judge however awarded a total sum of N37.618 billion
compensation in favour of the community for the wanton destruction of the place
by Nigeria soldiers.
the court to award them the amount as damages for the destruction of lives and
property in Odi. The judge however awarded a total sum of N37.618 billion
compensation in favour of the community for the wanton destruction of the place
by Nigeria soldiers.
The
community asked for N17.618billion as general damages and N20billion for
special damages. They also demanded public apology and the re-building of Odi
community by the FG.
community asked for N17.618billion as general damages and N20billion for
special damages. They also demanded public apology and the re-building of Odi
community by the FG.
The Judge
however granted two of their prayers and rejected the other two.
however granted two of their prayers and rejected the other two.
Delivering
the judgement; which lasted for two hours, Akanbi held that the Federal
Government was economical with the truth by pleading in their counter
affidavits that no inhabitant of the community was killed apart from some armed
militant youths who engaged the military in gun battle; and that no property
was destroyed by the soldiers.
the judgement; which lasted for two hours, Akanbi held that the Federal
Government was economical with the truth by pleading in their counter
affidavits that no inhabitant of the community was killed apart from some armed
militant youths who engaged the military in gun battle; and that no property
was destroyed by the soldiers.
Relying on
various statements by the government, National Assembly, and inscriptions
left on the soils of Odi by the Soldiers, as well as video clips on the
invasion which was watched in the open court at the January 17th, 2013 session,
the judge described their claims and counter affidavits ‘as worthless’.
various statements by the government, National Assembly, and inscriptions
left on the soils of Odi by the Soldiers, as well as video clips on the
invasion which was watched in the open court at the January 17th, 2013 session,
the judge described their claims and counter affidavits ‘as worthless’.
Said he:
“The destruction of Odi was comprehensive and complete; no aspect of the
community was spared by what I saw in the pictures showed here. The respondents
violated the fundamental Human Rights of the People of Odi, by the massacre.
The people are entitled to fundamental rights to life, dignity and fair play,
the destruction of Odi was not as a result of gun battle but clear bombardment,
the destruction was malicious.
“The destruction of Odi was comprehensive and complete; no aspect of the
community was spared by what I saw in the pictures showed here. The respondents
violated the fundamental Human Rights of the People of Odi, by the massacre.
The people are entitled to fundamental rights to life, dignity and fair play,
the destruction of Odi was not as a result of gun battle but clear bombardment,
the destruction was malicious.
The judge
also quoted President Goodluck Jonathan as saying in a media chat on the
National Television Authority (NTA), on November 18, 2010 that “only innocent
people, including women, children and the very weak that could not run escape
were killed in Odi”.
also quoted President Goodluck Jonathan as saying in a media chat on the
National Television Authority (NTA), on November 18, 2010 that “only innocent
people, including women, children and the very weak that could not run escape
were killed in Odi”.
According to
him, the then Senate President, late Chuka Okadigbo was also quoted to have
said, the facts speaks for themselves, no need to speak again, as there are
nobody to speak.”
him, the then Senate President, late Chuka Okadigbo was also quoted to have
said, the facts speaks for themselves, no need to speak again, as there are
nobody to speak.”
He equally
reviewed the exhibit tendered quoting the soldiers who carried out the
destruction as saying “we go kill all the Ijaw people with our guns, come
to Odi and learn a lesson, Ijaw face, Monkey face, Government has given us
power to kill, Odi is for Soldiers not for Ijaws, Bayelsa will remain sorrowful
for ever.” among others.
reviewed the exhibit tendered quoting the soldiers who carried out the
destruction as saying “we go kill all the Ijaw people with our guns, come
to Odi and learn a lesson, Ijaw face, Monkey face, Government has given us
power to kill, Odi is for Soldiers not for Ijaws, Bayelsa will remain sorrowful
for ever.” among others.
The 1st and
2nd respondents (FG and Attorney General of the Federation) were represented by
Mrs. Nkoli Awa Esq. The 2nd and 3rd respondents (Minister of Defence and Chief
of Defence staff), did not make any formal appearance throughout the
proceedings.
2nd respondents (FG and Attorney General of the Federation) were represented by
Mrs. Nkoli Awa Esq. The 2nd and 3rd respondents (Minister of Defence and Chief
of Defence staff), did not make any formal appearance throughout the
proceedings.
They however
showed up yesterday, through one Mallam Jimoh Abdukadreen Adamu, with an
application to delay judgement until they state their case.
showed up yesterday, through one Mallam Jimoh Abdukadreen Adamu, with an
application to delay judgement until they state their case.
They denied
receiving any of the court invitations urging them to come and defend the
allegation against them, including the hearing notice and the originating
process.
receiving any of the court invitations urging them to come and defend the
allegation against them, including the hearing notice and the originating
process.
The court records
however showed that they received all the invitations but ignored them.
however showed that they received all the invitations but ignored them.
The records
showed that they were served through substituted service via the office of the
Attorney- General of the Federation as directed by the former judge in the
case, Justice Abdullahi Mustapha.
showed that they were served through substituted service via the office of the
Attorney- General of the Federation as directed by the former judge in the
case, Justice Abdullahi Mustapha.
Awarding the
cost against the Federal Government, the judge held that no amount could be
adequate enough to compensate for the pains and trauma of the people of the
community, but said the cost for the damages given them was as valued by their
valuers.
cost against the Federal Government, the judge held that no amount could be
adequate enough to compensate for the pains and trauma of the people of the
community, but said the cost for the damages given them was as valued by their
valuers.
Reacting on
the judgement the lead Lawyer for the community, Mr. Lucius Nwosu (SAN),
described the judgement as “a victory for an aggressive Nigerian Bar, and more
a victory for Nigerian Judiciary, particularly the Federal High Court. It’s a
reflection of courage, erudition and consideration for justice governed by
conscience, truth and good faith.”
the judgement the lead Lawyer for the community, Mr. Lucius Nwosu (SAN),
described the judgement as “a victory for an aggressive Nigerian Bar, and more
a victory for Nigerian Judiciary, particularly the Federal High Court. It’s a
reflection of courage, erudition and consideration for justice governed by
conscience, truth and good faith.”
On the two
other prayers that were rejected he said, “it would have been double
compensation if the prayer for re-building of the community was granted, having
already granted them general damages. “The judgement was very sound and
considered with truth and common sense.” He said.
other prayers that were rejected he said, “it would have been double
compensation if the prayer for re-building of the community was granted, having
already granted them general damages. “The judgement was very sound and
considered with truth and common sense.” He said.
Three Senior
Advocates of Nigeria including, Ayo Adedipe, and Rafin.Lawal
Rabana,(SANS), and seven other lawyers appeared for the applicants.
Advocates of Nigeria including, Ayo Adedipe, and Rafin.Lawal
Rabana,(SANS), and seven other lawyers appeared for the applicants.
Former
President Obasanjo in November 20 1999 deployed troops in Odi and authorised
the use of force to deal with militants who were accused of killing some
soldiers the state.
President Obasanjo in November 20 1999 deployed troops in Odi and authorised
the use of force to deal with militants who were accused of killing some
soldiers the state.
After the
Odi invasion, the indigenes brought a N100 billion suit against the President,
the Chief of Army Staff and the Chief of Defence Staff.
Odi invasion, the indigenes brought a N100 billion suit against the President,
the Chief of Army Staff and the Chief of Defence Staff.
When the
matter came up on Thursday, January 17, 2013 in the suit, during the
proceedings, DVD and projectors were used to show military operations in Odi,
and how the various machine guns, bombs and helicopter gunships were used
to destroy lives and property in Odi.
matter came up on Thursday, January 17, 2013 in the suit, during the
proceedings, DVD and projectors were used to show military operations in Odi,
and how the various machine guns, bombs and helicopter gunships were used
to destroy lives and property in Odi.
The lead
counsel to the plaintiffs, Nwosu (SAN), said: “The President and
Commander-in-Chief of the Armed Forces, Dr. Goodluck Jonathan, had responsibly
stated that no militant was killed in the military invasion.
counsel to the plaintiffs, Nwosu (SAN), said: “The President and
Commander-in-Chief of the Armed Forces, Dr. Goodluck Jonathan, had responsibly
stated that no militant was killed in the military invasion.
“It was only
old men, women and children, who could not run, that were massacred in that
military operation.
old men, women and children, who could not run, that were massacred in that
military operation.
“A situation
where you turn guns and artillery purchased with taxpayers’ money against the
taxpayers, is a call for sober reflection and a matter of serious concern.
where you turn guns and artillery purchased with taxpayers’ money against the
taxpayers, is a call for sober reflection and a matter of serious concern.
“It calls
for atonement for the dead and compensation for the living, for the trauma and
loss they have been made to suffer as refugees and loss of their precious
homes, loved ones, friends and objects of reverence.”
for atonement for the dead and compensation for the living, for the trauma and
loss they have been made to suffer as refugees and loss of their precious
homes, loved ones, friends and objects of reverence.”
Source: Vanguard
