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Friday, October 18, 2024

Two Arrested Okuama Indigenes Vs. Army, DSS

AS the lawsuit instituted by two of the arrested six indigenes of Okuama in Delta State gets underway, it should be seen as yet another means of further ventilating the issues at stake in the Okuama crisis.

Inspite of a military presence in Okuama just yesterday, that reportedly led to the death of three persons, going forward, parties in the suit have been availed of a non-violent platform to meet each other halfway in the collective desire for closure following a chain of unfortunate incidents in Okuama.

The incident leading to the current crisis was said to have started as an unrest in January 2024, following a long drawn-out land dispute between the people of Okoloba and Okuama. In consequence thereof, a unit of the JTF at Bomadi was said to have visited Okuama but were killed in an ambush on March 14, 2024. A reprisal attack vehemently denied by the military was said to have followed the death of the soldiers numbering 17.

In the subsisting suit, the Nigerian Army and the Department of State Security (DSS) have been dragged before the Federal High Court, Warri with the appellants demanding N200 million in two fundamental rights suits.

James Oghorokor and Dennis Okugbaye, in their separate suits filed by their counsel, Malcolm Omirhobo Esq, Akpokona Omafuaire Esq and others, reportedly challenged their arrest and subsequent detention without charges or allowing their counsel access to them. They were reportedly arrested along with the other four, Prof. Arthur Ekpekpo, Chief Belvis Adogbo, Mr. James Oghoroko, Dennis Okugbaye, Pa Anthony Ahwemuria and Mrs. Rita Akata between August 18-20, 2024 and said to be kept in an unknown detention centre.

In Suit No: FHC/WR/CS/84/2024 between James Oghorokor and the Nigerian Army and two others, the applicant demanded N100 million for illegal arrest and detention without trial. Similarly, in Suit No: FHC/WR/CS/85/2024 between Dennis Okugbaye and the Nigerian Army and two others, the applicant is also demanding N100 million for illegal arrest and detention without trial. In their originating summons, the applicants in the separate suits are praying the court for a declaration that the invasion of their homes without due process of law is a flagrant violation of the applicants’ fundamental rights and is therefore illegal, unlawful and unconstitutional. They also prayed the court that their arrest by the respondents on August 19, 2024 without a warrant, their continued detention and denial of access to their lawyer and family members and their refusal to charge the applicant to a court of law since 19th August to date is a flagrant violation of the applicants ‘fundamental rights to personal liberty and therefore illegal, unlawful and unconstitutional. They requested the sum of one hundred million Naira as damages each against the respondents for their fundamental rights on personal liberty, private, the dignity of their human person and rights to freedom of movement by the Respondents.

Beyond the anticipated legal fireworks, it could well be an opportunity for an insight into the unanswered questions following the crisis, especially the bloodbath in which 17 soldiers were murdered in a most gruesome manner and the alleged reprisal attack which has been denied by the military. Whether it was indeed a reprisal attack or an attempt by the military to fish out the killers of the 17 soldiers, it can well be said that both parties have come home to roost in ventilating their cases in a court of law.

At the same time, we know of far-reaching efforts by the Delta State Government to engage with all the sides to the dispute, which occasioned the Army’s withdrawal from Okuama, thus giving the state government the opportunity to rebuild the community which is ongoing. There have also been efforts by the military to re-awake civil-military relations, which makes the lawsuit further opportunity to attend to the public perception of its management of the soldiers’ gruesome murder.

It has been shown that these frictions have a historical background relating to ownership claims and/or boundary disputes between contending communities. Hence, Governor Sheriff Oborevwori’s objective disposition and actions on this crisis is commendable. As father to all  in Delta State, the Governor has exhibited neutrality in handling cases of this nature and his winning streak has been the resort to adjudication and mediation.

While commending the disposition to peace and security in the state, we advise that the court proceedings be followed with keenness and watchfulness, devoid of sub judicial permutations that could further cause bad blood among litigants.

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