Barr. Daumiebi Slams N20billion Suit Against Nigerian Army Over Invasion Of Igbomotoru Community, Destruction Of Property

An indigene of Igbomotoru community in Bayelsa state, Barrister Festus Daumiebi , has instituted a lawsuit against the Nigerian Army, the Chief of Army Staff, Lt Gen Taoreed Lagbaja, and the Chief of Defence Staff, General Chris Musa, and the Attorney General of the Federation, Lateef Fagbemi.

Daumiebi is seeking N20.4billion as punitive, exemplary and special damages for infringing on his fundamental rights.

The suit marked FHC/YNG/183/2024 sighted by SaharaReporters was filled in 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”

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Recall that on 30th of March 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.

The soldiers forcefully and unlawfully broke into the applicant’s country home, vandalised his properties and exposed same to pilfering, plundering and waste.

The items 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.

Festus Daumiebi , 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 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 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 seeking the following reliefs from the court which include;

“1. A DECLARATION that 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).

“2. 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.

“3. A DECLARATION that the military invasion of the Country Home of the Applicant in Igbomotoru I Community in Southern Ijaw Local Government Area of Bayelsa State by officers and men of the 1st -3rd Respondents and the attendant destruction of the Applicant’s immovable property is a violation of the Applicant’s fundamental right to own immovable property guaranteed under section 43 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 14 of the African Charter Human and Peoples’ Rights (Ratification and Enforcement) Act CAP A9 LFN 2004.

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“4. A DECLARATION that the military invasion of the Country Home of the Applicant in Igbomotoru I Community in Southern Ijaw Local Government Area of Bayelsa State by officers and men of the 1st -3rd Respondents, the Applicant’s fundamental right to personal liberty and security of his person guaranteed under section 35 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 6 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP A9 LFN 2004 is being violated thereby.

“5. A DECLARATION that the military invasion of the Country Home of the Applicant in Igbomotoru I Community in Southern Ijaw Local Government Area of Bayelsa State by officers and men of the 1st -3rd Respondents, the Applicant’s fundamental right to freedom of movement and residence guaranteed under section 41 of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Article 12 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act CAP A9 LFN 2004 is being violated.

“6. AN ORDER directing the Respondents to pay over to the Applicant the sum of N310,575,000.00 (Three Hundred and Ten Million, Five Hundred and Seventy Five Thousand Naira) as special damages for the destruction, damage or loss of his properties as itemized in this action.

“7. AN ORDER directing the Respondents to pay over to the Applicant the sum of N20,000,000,000 (Twenty Billion Naira) as punitive and exemplary damages for the violation of the Applicant’s fundamental rights by the Respondents.

“8. AN ORDER restraining the Respondents, their officers and men, agents, and privies howsoever described from further invading the Country Home of the Applicant in Igbomotoru I Community in Southern Ijaw Local Government Area of Bayelsa State.

“9. AN ORDER restraining the Respondents, their officers and men, agents, and privies howsoever described from invading the residences and other properties belonging to the applicant.”

The applicant, in conclusion, urged 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