A Federal High Court in Abuja on Thursday, 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.
Justice Binta Nyako 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 to the Chief of Defence Staff (CDS), Gen. Christopher Musa.
Okodeh, in the suit marked: FHC/ABJ/CS/590/2024 dated and filed on May 3 by Mr Femi Falana, SAN, had sued the CDS Musa and Chief of Army Staff (CAS) Taoreed Lagbaja, as 1st and 2nd respondents.
The applicant is accusing the defendants of allegedly publishing his photograph among those wanted in connection to the killing of 17 soldiers in Okuama in Delta.
He, therefore, prayed the court to award a N2 billion in damages against the respondents for alleged violation of his rights to personal liberty and dignity.
The applicant also prayed the court to set aside his declaration and award the fine as compensation for damages suffered over the action of the Defence Headquarters Abuja.
Upon resumed hearing on Thursday, Yunusa, who appeared for the applicant, told the court that the matter was slated for mention.
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 who represented the CDS, Mimi Ayua, and Yunusa that the issue is what the parties can sit down together to resolve amicably.
Justice Nyako then adjourned the matter until November 28 for further mention.
She ordered that the 2nd respondent be served with the hearing notice.
In the affidavit in support of the suit, Okodeh averred that the action of the defendants had affected his political career and made him to go into hiding.
It will be recalled that on March 14, 17 officers of the Nigerian Army were murdered by unknown persons at Okuama community in Delta State, causing the Defence Headquarters Abuja to declare eight persons wanted.
Though Okodeh’s name was not published among the wanted list, his photograph was posted on a name which was not his.
Okodeh, who was 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 as he is a law-abiding citizen of Nigeria who had never had any criminal record right from childhood.
He equally prayed the court to order the respondents to tender an apology which should be published on both print and electronic media, so that he could have his freedom to live his normal life.
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