Urhobo Historical Society
ODI COMMUNITY SUES OBASANJO OVER UNJUST MILITARY INVASION

Source:
Subject: [Ijaw_National_Congress] ODI drags Obasanjo, 7 others to court
Date: Wed, 01 Mar 2000 09:59:45 -0600
From: Abio Sokari <sokaria@umkc.edu>
To: ijaw_national_congress@onelist.com

From: Abio Sokari <sokaria@umkc.edu>

Odi drags Obasanjo, 7 Others to Court
Vanguard; 29 Feb 2000

THE Odi community in Bayelsa State, which was reduced to the rubbles last November by soldiers in the aftermath of the killing of some policemen, has instituted an action against President Olusegun Obasanjo and seven others.

In an application to enforce their fundamental rights filed at a Federal High Court, Port Harcourt by Mr. Olisa Agbakoba (SAN), the community is claiming N1 billion damages and a public apology from the government.

The plaintiffs, Dr. Sam Ebiye, Mr. Nayai Aganaba, Chief K. O. Warioku, Chief M. Asangba and Madam Clarice Gagariga suing for themselves and on behalf of the entire community are praying the court for:

* A declaration that the invasion and destruction of the applicants' homes, families, homesteads, farmlands, churches, shrines, schools, markets, forests, villages, properties, livelihood, community and hometown by the respondents, their officers, servants, agents and privies is an unwarranted infraction of and gross derogation from the applicants' rights to:

* Private and family life as entrenched in section 37 of the Constitution of the Federal Republic of Nigeria 1999 and Article 18 of the African Charter on Human and Peoples' Rights;

* Peace and security as guaranteed by Article 23 of the African Charter on Human and Peoples' Rights;

* Property as provided under section 43 of the Constitution of the Federal Republic of Nigeria 1999 and Article 14 of the African Charter on Human and Peoples' Rights;Work as protected by Article 15 of the African Charter on Human and Peoples' Rights;

* Good mental and physical health secured by Article 16 of the African Charter on Human and Peoples' Rights;

* Freedom of thought, conscience and religion guaranteed under section 38 of the Constitution of the Federal Republic of Nigeria 1999 and Article 8 of the African Charter on Human and Peoples' Rights;

* Education provided by Article 17 of the African Charter on Human and Peoples' Rights;

* Freedom from discrimination shielded under section 42 (1) (a) of the Constitution of the Federal Republic of Nigeria 1999 and Article 2 of the African Charter on Human and Peoples' Rights;

* Economic, social and cultural development as guaranteed by Article 22 of the African Charter on Human and Peoples' Rights;

* Satisfactory environment as provided under the Article 24 of the African Charter on Human and Peoples' Rights.

* A declaration that the rampant assaults, batteries, wounding, maiming, shelling, shooting, bombardment and killing of (numerous members of) the applicants' community by the respondents, their officers, servants, agents and privies amount to a heinous violation and savage transgression of the applicants' right to:

* Life sanctified by section 33 (1) of the Constitution of the Federal Republic of Nigeria 1999 and Article 4 of the African Charter on Human and Peoples' Rights;

* Personal liberty and security as canonised under section 35 (1) of the Constitution of the Federal Republic of Nigeria 1999 and Article 6 of the African Charter on Human and Peoples' Rights;

* Good mental and physical health secured by Article 16 of the African Charter on Human and Peoples' Rights;

* Personal dignity guaranteed by section 34 (1) of the Constitution of the Federal Republic of Nigeria 1999 and Article 5 of the African Charter on Human and Peoples' Rights;

* Freedom of movement protected by section 41 of the Constitution of the Federal Republic of Nigeria 1999 and Article 12 of the African Charter on Human and Peoples' Rights;

* Freedom from discrimination shielded under section 42 (1) (a) of the Constitution of the Federal Republic of Nigeria 1999 and Article 2 of the African Charter on Human and Peoples' Rights;

* Existence guaranteed under Article 20 of the African Charter on Human and Peoples' Rights.

* And order injunction restraining the respondents or any of them, whether by themselves, their officers, servants, agents, privies, or otherwise howsoever from ever again or further infringing on the fundamental rights of the applicants;

* A public apology to the applicants by the respondents, in such manner and through such media as this honourable court may direct, in light of section 35 (6) of the Constitution of the Federal Republic of Nigeria 1999;

* An order of mandatory injunction directing the respondents to rebuild and rehabilitate the applicants and their homes, families, homesteads, farmlands, churches, shrines, schools, markets, forests, villages, properties, livelihood, community and home town;

* N1,000,000,000 damages for the glaring violations of the applicants' fundamental rights.

They are seeking relieves on the following grounds:

"The destruction of the applicants' homes, families, homestead, farmlands, churches, shrines, schools, markets, forests, villages, properties, livelihood, community and hometown is a cruel contravention of sections 37, 38, 42 (1) (a) and 43 of the Constitution of the Federal Republic of Nigeria 1999 and Articles 2, 8, 14, 15, 16, 17, 22, 23 and 24 of the African Charter on Human and Peoples' Rights.

According to them, killing of (numerous members of) the applicants' community by the respondents, their officers, servants, agents and privies amount to a heinous violation and savage transgression of section 33 (1), 34 (1), 35 (1), 41 and 42 (1) (a) of the Constitution of the Federal Republic of Nigeria 1999 and Articles 2, 4, 5, 6, 12, 16, 20 and 23 of the African Charter on Human and Peoples' Rights.

In a 27-paragraph affidavit deposed by Dr. Sam Ebiye, one of the five applicants he averred that in November 1999, there were reports of the abduction of about six policemen in the area who were later reported to have been killed resulting into crisis.

"To arrest the situation, the Governor of Bayelsa State under the leadership of the President deployed some soldiers to the area but subsequently three of the soldiers were alleged to have been killed.

"Before the expiry of the said 14-day ultimatum, the respondents unleashed federal military might on little Odi by launching Operation Hakuri II which was commanded and led by Lt.-Col. Agbabiaka and lasted from November 20, 1999 to November 24, 1999."

Named as respondents in the suit are the President of the Federal Republic of Nigeria, the Minister of Defence, the Chief of Defence Staff, the Chief>of Army Staff; Lt.-Col. Agbabiaka, Attorney General of the Federation, Governor of Bayelsa State and the Attorney General of Bayelsa State.

The motion ex-parte seeking the leave of court to apply for the enforcement of their rights will be argued in March 6, 2000.

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