Mr. Festus Daumiebi, a Niger Delta Youth activist, has sued Nigerian Army, the Chief of Army Staff, the Chief of Defence Staff and the Attorney General of the Federation for infringing on his fundamental human rights when the army invaded Igbomotoru community in South Ijaw Local Government Area of Bayelsa State in March, 2024.
Daumiebi is asking the court to award to him the sum of N20.4billion as punitive, exemplary and special damages against the defendants for infringing on his fundamental rights.
The plaintiff, who was a candidate of the All Progressives’ Congress for the 2019 Bayelsa-Central Senatorial seat and a top contender in the 2023 governorship election in the suit, FHC/YNG/183/2024 filed at the Federal High Court, Yenagoa, alleged that the invading soldiers broke into his six-bedroom duplex and five bedroom guest house duplex in his country home, Igbomotoru 1 and destroyed his property.
Lawyers to Daumiebi led by Prof. O. F. Emiri SAN averred that the plaintiff was still afraid for his freedom of movement and his life.
The suit prayed “for an order for the enforcement of the Applicant’s fundamental right to life, liberty, privacy of his person and his home, freedom of movement and to own property.”
Recall that on 30th of March 2024, men of the Nigerian Army invaded Igbomotoru 1 community, Bayelsa State in search of the suspected masterminds of the killing of 17 officers and soldiers in Okuama, Delta State.
The soldiers, Daumiebi alleged, broke into his country home, vandalized his properties and exposed same to pilfering, plundering and waste. He wondered why security agents will break into his property.
According to him, “Having been brought up within the finest traditions, I have never had any issue with security agencies operating within and outside Nigeria. I come clean at all times with a heart for noble conduct. I am a peace-loving individual who believes in hard work and dedication to good causes.”
The items that were allegedly destroyed included 46 various sizes of Israeli security doors and copper security doors, 12 pieces of centre decor, royal beds, royal sofa sets (gold), grey sofa sets, dining sets by 8 seaters with buffet and console mirror. Also, 5 TV sets, TV stands, 5 LG split 1.5HP Gencool-B, refrigerators, beddings, centre tables, side stools etc.
He said upon being briefed of the destruction, he instructed his Solicitors, Messrs A. P. Egbegi and Co, to write a letter dated 31st March 2024 and a subsequent letter dated 3rd of April 2024 with pictorials attached to the Deputy Inspector-General of Police Force Criminal Investigation & Intelligence Department (FCIID) Area 10 Abuja, through the Commissioner of Police Bayelsa State Command.
The letter captioned “Military Invasion of the Country Home of Barrister Festus Daumiebi Sunday in Igbomotoru 1 Community in the Southern Ijaw Local Government Area of Bayelsa State and Attendant Infringement of his Fundamental Rights Guaranteed Under The Constitution of The Federal Republic of Nigeria 1999, as amended and General Subversion of the Constitution”
He stated that he had to bring the suit to court after the respondents failed to respond to his solicitors’ letters.
Part of the suit read, “The actions of the officers and men of the 1st to 3rd Respondents on the 30th March 2024 by the invasion and destruction of the property of the Applicant in Igbomotoru 1, community is a naked, arrogant, arbitrary and oppressive abuse of power forbidden by the relevant provisions of the Constitution of Nigeria and the African Charter on Human and Peoples’ Rights.”
Daumiebi is asking the court to declare that the actions of the officers and men of the Nigerian army on the 30th March 2024 is a flagrant infringement and violation of his right to privacy among other things.
He said if the reliefs were granted by the court they would serve as a deterrent against naked, arrogant, arbitrary and oppressive abuse of power when dealing with ordinary citizens.
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