Igbomotoru Invasion: Nigerian Army Sued for N20.4bn

Olusegun Samuel in Yenagoa

A Niger Delta youth activist and gubernatorial aspirant of the All Progressives Congress (APC) for the 2023 Bayelsa State governorship election, Festus Daumiebi Sunday, has instituted a lawsuit against the Nigerian Army, Chief of Army Staff, Chief of Defence Staff, and the Attorney General of the Federation seeking N20.4billion as punitive, exemplary and special damages for infringing on his fundamental rights.

The suit marked FHC/YNG/183/2024 sighted by THISDAY was filled at the Federal High Court, Yenagoa, by a team of lawyers led by Prof. O. F. Emiri (SAN) against the respondents for unlawfully breaking into the six-bedroom duplex, and five bedroom guest house duplex of the lawyer in his country home at Igbomotoru 1 in Bayelsa State and subsequent destruction of his property. The applicant fears that his freedom of movement and his life is in danger.

The suit, therefore, seeks “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.” 

He said that on March 30, 2024, men of the Nigerian Army invaded Igbomotoru 1 community, Bayelsa State, in search of the suspected masterminds behind the killings of soldiers in Okuama, Delta State.

According to him, the soldiers forcefully and unlawfully broke into the applicant’s country home, vandalised his property and “exposed same to pilfering, plundering and waste. The items include 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 sitters with buffet and console mirror. Also, five TV sets, TV stands, five LG split 1.5HP Gencool-B, refrigerators, beddings, centre tables, side stools and others.”

Festus Daumiebi Sunday, a lawyer with 10 years standing with interest in real estate for 18 years, said he wonders why security agents will break into his property. According to him, “having been brought up within the finest traditions, I have never had any issues 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.”

He said upon being briefed of the destruction, he instructed his solicitors, Messrs A. P. Egbegi and Co, to write a letter dated March 31, 2024, and a subsequent letter dated April 3, 2024, with pictorials attached to the Deputy Inspector-General of Police Force Criminal Investigation and 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’.

The respondents among others were duly copied, notified and served by registered and expedited mail delivery through DHL.

He stated further that upon the respondents, refusal, neglect, and failure to respond to his solicitors letters, he instructed his solicitors to institute this action.

The suit read in part: “The actions of the officers and men of the 1st to 3rd respondents on March 30 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 the Federal Republic of Nigeria, 1999, as amended and the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP A9 LFN, 2004 in a democratic society.”

The applicant is arguing that “the constitutional duties of the Nigerian Army, which is part of the Armed Forces for the Federation, as contemplated within the provisions of Section 217 of the Constitution of the Federal Republic of Nigeria do not include nor extend to invasion of the applicant’s privacy of his person and home as done by the men and officers of the 1st to 3rd Respondents which has put the life of the applicant in danger.”

He is therefore, among others, seeking the following reliefs from the court: ‘A declaration that the actions of the officers and men of the 1st -3rd respondents on  March 30  who forcefully and unlawfully invaded the applicant’s country home at Igbomotoru I community in the Southern Ijaw Local Government Area of Bayelsa State with consequent destruction of the country home residence aforesaid, a free citizen of the Federal Republic of Nigeria, is a flagrant infringement and violation of the applicant’s fundamental right to privacy of his person and home as enshrined and guaranteed under Section 37 of the  of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

“A declaration that by reason of the forceful and unlawful invasion of the applicant’s country home in Igbomotoru I community in the Southern Ijaw Local Government Area of Bayelsa State by officers and men of the 1st -3rd respondents is a threat to life and respect of the integrity of the person of the  applicant  as enshrined and guaranteed by the provisions of Section 33 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 4  of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP A9 LFN 2004. And for such further Order(s) as the court may deem fit to make in the circumstance.”

The applicant, in conclusion, is urging the court to grant the reliefs sought as it would serve as a deterrent against naked, arrogant, arbitrary and oppressive abuse of power when dealing with ordinary citizens in a democracy.