TWELVE years after Nigerian soldiers stormed the community of Odi, in Bayelsa State, the Nigerian government has been ordered to pay 37.6 billion naira as compensation for the aftermath of the invasion, in which the community was practically razed.
Delivered by a Federal High Court in Port Harcourt, the judgment awarded special damage of 17.6 billion naira and general damage of 20 billion naira to Odi.
Also issued by court, under the supervision of Justice Lambo Akambi, was a permanent injunction restraining respondents and their agents from threatening or attacking Odi.
The people of Odi had sued the federal government over what it alleges were gross violation of their rights, after Nigerian soldiers had stormed the small fishing community on November 20, 1999 and practically razed the community.
The soldiers presence in the community followed the abduction and killing of 12 policemen in the area, who themselves were working to restore order.
The class suit No.FHC/PH/CP/11/2000 was filed by Professor Kobina Keme-Ebi Imananagha, Chief Ndu Gwagha, Chief Shadrack Agadah, Mr. Idoni Ingezi and Mr. Nwaka Echomgbe.
In his ruling, Justice Akanbi described the attack on the people of Odi as genocidal, reckless, brutish and a gross violation of the rights of the victims to life and to ownership property. He ordered that the payment be made within 21 days.
Counsel for the plaintiffs, Lucius Nwosu (SAN), Lawal Rabana (SAN) and Ifedayo Adedipe (SAN), prayed the court to affirm that the invasion of Odi by soldiers and the attack on innocent indigenes of the community was a gross violation of the people’s fundamental human rights to life, dignity and personal liberty.
The counsel for the Minister of Defence and a director in the ministry, Mallam Jimoh Adamu, had earlier told the court that he had filed new application seeking for an extension of time, arguing that his principal was not served any of the court processes.
The presiding judge, however, dismissed the application, after going through the courts records and found out that the Attorney General of the Federation was served the court processes.
Justice Akanbi described the claim by counsel for President Goodluck Jonathan that troops were deployed in Odi in November 20, 1999 to flush out secessionist militants who had killed seven policemen as false.
According to him, such a claim contravenes the president’s recent statement on Nigerian Television Authority that no militant was killed in Odi during the military incursion, but innocent indigenes of the community.
Justice Akanbi pointed out that Jonathan’s declaration on the matter was an acknowledgement of the enthronement of the rule of law as opposed to the enthronement of guns.
According to him, the president’s statement is a proof to the international community that Nigeria is now governed by those who respect the law.
Describing the destruction of Odi as comprehensive and total, Akanbi noted that nothing was spared by the marauding soldiers.
He added that the Federal Government brazenly violated the fundamental human rights of the victims to movement, life and to own property and live peacefully in their ancestral home.
Nwosu, who is the lead counsel for the plaintiffs, hailed the judge for his courage towards putting an end to executive recklessness in the society.
Also, the counsel for the President and Chief of Defense Staff, Akolika Awa Esq, commended the stance of the presiding judge despite the outcome of the case.