Residents of Okuama-Ewu, Ughelli South Local Government Area, Delta State, have taken the Nigerian army to the Federal High Court in Warri, seeking N200 billion in damages. They allege the army’s cordoning of their community, destruction of homes, dehumanization, and the killing of 17 military personnel without police investigations.
The applicants, mainly farmers, traders, and businessmen, are demanding the enforcement of their fundamental human rights, including fair hearing, dignity, freedom of movement, residency choice, and property ownership.
The applicants include Victor Akemor, Madam Omotiwori Olarehor, Victor Odi, Okrika Emmanuel, Austin Eferemua, and Evelyn Edjekola.
Also included in the lawsuit with case number FHC/WR/CS/41/2024 before Hon Justice I.M Sani are Pa James Ubredu, David Oghenewede, Lucky Orode, Iwriogbo Best, Felix Orhiunu, Bernard Michael, Oghenekobiruo, Vero Joseph, Ebikawe Emmanuel, Francis Uphurie, and Hon Belvis Adogbo.
They are representing themselves and the residents of the Okuama community.
The reliefs they seek include:
- A declaration from the court that the accusations, media trials, and sentencing by the respondent (Nigerian army) of the applicants and Okuama community residents for the murder of 17 soldiers without any police investigation or public inquiry indicting them is a violation of their right to a fair hearing, rendering it illegal, unlawful, and unconstitutional.
- Another declaration that the respondent’s deployment of troops for the invasion and reprisal attacks on the applicants and Okuama community residents, without due process and evidence linking them to the soldiers’ deaths, resulting in collective punishment, destruction of properties, displacement, and exposure to harsh conditions, violates their right to dignity, making it illegal, unlawful, and unconstitutional.
The applicants also seek a declaration from this honorable court that the respondent’s invasion by troops and forceful eviction of them and the Okuama community residents from their homes, disrupting their privacy, family bonds, and unity, causing dispersal and separation due to the soldiers’ deaths, without proper investigation or due process, violates their right to private and family life.
This action is deemed illegal, unlawful, and unconstitutional.
Furthermore, they request a declaration that the respondent’s blockading of the Okuama community in Ughelli South Local Government Area of Delta State, preventing the applicants and residents from accessing their homes and conducting normal activities, thereby depriving them of freedom of movement and choice of residency, is a blatant violation of their rights.
This restriction without evidence or due process related to the soldiers’ deaths renders it illegal, unlawful, and unconstitutional.
The applicants seek a declaration from this honorable court regarding the respondent’s actions: troops entering the Okuama community to perform police duties on March 14, 2024, and subsequent invasion, reprisal attacks, killings, brutalizations, and coercions of Okuama residents for soldiers’ deaths on March 15, 2024, without due process.
This led to forced evictions, destruction of property, dispersal, and destitution among residents, with the community land cordoned off and seized by the respondent’s troops, constituting an abuse of power.
They further request an order from this honorable court to enforce fundamental rights to dignity, fair hearing, private and family life, freedom of movement, choice of residency, and property ownership for the applicants and Okuama community residents against the respondent, her agents, and associates
The applicants request from this honorable court:
- An order restraining the respondent, her servants, agents, and associates from further violating fundamental rights, including dignity, fair hearing, privacy, freedom of movement, residency choice, and property ownership of the applicants and Okuama community residents.
- An order compelling the respondent to cease her troops’ ongoing invasion and occupation of the Okuama community, allowing the applicants and residents to reclaim their land for community rebuilding.
- An order compelling the respondent to end the cordon-off of the Okuama community, granting residents freedom of movement and choice of residency as Nigerian citizens.
- An order compelling the respondent to permit the applicants and Okuama community residents to return home from their current destitute conditions in towns, villages, forests, and bushes, facilitating the restoration of their dignity and community rebuilding.
- A perpetual injunction from this honorable court, restraining the respondent and her associates from further violating fundamental rights, including dignity, fair hearing, privacy, freedom of movement, residency choice, and property ownership of the applicants and Okuama community residents.
- General damages of N100,000,000.00 (One hundred billion Naira) against the respondent for violating fundamental rights, destruction of property, and looting movable properties.
- Exemplary damages of N100,000,000.00 (One hundred billion Naira) against the respondent for abuse of power and oppression of the applicants and Okuama community residents.
The Nigerian army has seven days to respond to the claim after proper service, and the court will schedule a hearing date for the application.