A Federal High Court in Abuja has postponed the hearing of a N2 billion lawsuit filed by Mr. Lucky Okodeh, a former Caretaker Chairman of Southern Ijaw Local Government in Bayelsa State, against the Nigerian Army. The case, which is a fundamental rights enforcement suit, has now been scheduled for November 28, 2024.
The adjournment was made by Justice Binta Nyako after the lawyer representing Okodeh, Asmau Yunusa, requested more time to respond to a counter affidavit submitted by the lawyer for the Chief of Defence Staff (CDS), General Christopher Musa.
The lawyer for the CDS, Mimi Ayua, had filed the counter affidavit just a day before the hearing, prompting Yunusa to ask for additional time to prepare a proper response.
The lawsuit, filed by renowned human rights lawyer Mr. Femi Falana, SAN, on behalf of Okodeh, accuses the Nigerian Army of wrongly including Okodeh’s photograph among those declared wanted in connection with the killing of 17 soldiers in Okuama, Delta State.
The suit was filed on May 3, 2024, and names both the Chief of Defence Staff, General Musa, and the Chief of Army Staff, Lieutenant General Taoreed Lagbaja, as respondents.
Okodeh’s legal team is seeking N2 billion in damages, arguing that the inclusion of his photograph in the wanted list has severely impacted his personal liberty and dignity. Okodeh claims that the incident has not only damaged his reputation but also forced him into hiding, adversely affecting his political career.
During the court session, Justice Nyako expressed hope that the matter could be resolved out of court. “It is not what we should waste the taxpayers’ money on,” she remarked, indicating that both parties might find a peaceful resolution to the dispute.
Additionally, Okodeh is asking the court for an order that would prevent the Nigerian Army from arresting him, as he maintains that he has never been involved in any criminal activity. He also requests that the Army issue a public apology to be published in both print and electronic media to restore his reputation and allow him to return to his normal life.
Okodeh was once the Peoples Democratic Party’s (PDP) candidate for the local government chairmanship elections, but he had to withdraw his candidacy after the wrongful publication of his photograph. The photograph was placed under the name of someone wanted in connection with the murders of the soldiers, even though the name did not belong to Okodeh or any of his family members.