One of the victims of March 18, 2024 Army invasion of Igbomotoru community in Southern Ijaw LGA, Barr. Festus Daumiebi Sunday, has instituted a lawsuit against the Nigerian Army, Chief of Army Staff, Chief of Defence Staff, and Honourable Attorney General of the Federation seeking N20.4 billion as punitive, exemplary and special damages for infringing on his fundamental rights.
Troops of the Nigerian Army had on March 18 invaded the community in search of fleeing militant kingpin accused of masterminding the killing of 17 soldiers at Okuama in Delta State, destroying peoples’ property and killing some youths from the area.
Sunday, who was candidate of the All Progressives’ Congress (APC) for the 2019 Bayelsa-Central Senatorial seat and a top contender for the 2023 Governorship ticket for Bayelsa State, said the troops broke into his house in the community and destroyed properties.
The suit marked FHC/YNG/183/2024, was filed 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, Igbomotoru 1, Bayelsa State and subsequent destruction of his properties.
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.
The soldiers forcefully and unlawfully broke into the applicant’s country home, vandalized his properties and exposed same to pilfering, plundering and waste.
He said the items destroyed by the troops in his house include but are not limited to 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.
Daumiebi Sunday, a lawyer with 10 years standing having interest in real estate dating up to 18 years, says 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 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”
The Respondents amongst 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 reads in part “The actions of the officers and men of the 1st to 3rd Respondents on the 18th 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 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.
“The actions of the officers and men of the 1st -3rd Respondents on the 30th March 2024 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 and damage 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).