A Federal High Court in Abuja has granted permission to Mr Lucky Okodeh, a former Caretaker Chairman of Southern Ijaw Local Government Area, Bayelsa State, to present oral evidence in his N2 billion lawsuit against the Nigerian Army.
Justice Binta Nyako issued the ruling on Wednesday after the applicant’s lawyer, Mr Femi Falana, SAN, insisted that Okodeh must testify in person to clarify conflicting claims between both parties in the case.
During the hearing, Falana argued that the Nigerian Army had allegedly published Okodeh’s photograph among those declared wanted over the killing of 17 soldiers in Okuama, Delta State.
He contended that the affidavits filed by both parties contained contradictions, making it necessary for his client to testify in court.
Falana urged the court to allow Okodeh to personally clear the air on the matter.
However, Mike Enahoro-Ebah, counsel for the Chief of Army Staff, opposed the request, stating:
“The COAS and the Nigerian Army did not declare Okodeh wanted at any time. The applicant is unknown to the COAS and by extension, the Nigerian Army. He is not a person of interest, hence, this suit is unnecessary.”
Despite the opposition, Justice Nyako granted Falana’s application and adjourned the case until April 28 for Okodeh’s testimony.
Okodeh had filed a fundamental rights enforcement suit against the Chief of Defence Staff and Chief of Army Staff, listed as the 1st and 2nd respondents, respectively.
The suit, marked FHC/ABJ/CS/590/24, was filed on May 3, 2024, by Falana.
Okodeh claimed that the Defence Headquarters wrongly included his photograph in a wanted list linked to the March 14, 2024, killing of 17 soldiers in Okuama, Delta State.
Although his name was not listed, his photograph was allegedly attached to another name, which he asserted does not belong to him or anyone in his family.
As a result, Okodeh said he was forced to withdraw from the April 11, 2024, local government elections, where he was the Peoples Democratic Party chairmanship candidate.
He is seeking:
– N2 billion in damages for alleged violations of his rights to personal liberty and dignity.
– A court order nullifying the publication of his photograph and awarding compensation for the hardship he suffered.
– A perpetual injunction restraining the CDS and COAS from arresting him, asserting he is a law-abiding citizen with no criminal record.
– A public apology from the Nigerian Army, to be published in both print and electronic media.
In response, the COAS, through Enahoro-Ebah, filed a counter-affidavit on November 28, 2024, urging the court to dismiss the case, arguing that it was speculative and hypothetical.
He stated, “On March 14, 2024, 17 officers and soldiers deployed on a peacekeeping mission in Okuama, Delta State, were gruesomely killed. The victims included a Lieutenant Colonel, two Majors, one Captain, and 13 Soldiers.”
According to Enahoro-Ebah, the Defence Headquarters had declared eight individuals as persons of interest in the investigation, publishing their names and photographs.
However, he maintained that, “Okodeh was not a person of interest.”
The case is set to continue on April 28, 2025, when Okodeh will testify before the court.
