The Nigerian Army has asked the Federal High Court sitting in Abuja to dismiss what it termed as a N2billion frivolous suit that was brought against it by a former Caretaker Chairman of Southern Ijaw Local Government Area of Bayelsa State, Mr. Lucky Okodeh.

Okodeh had dragged the Army before the court, alleging that his photograph was published as one of those that are wanted in connection to the killing of 17 soldiers at Okuama community in Delta state.

Aside from praying the court to award damages to him to the tune of N2bn for alleged violation of his rights to personal liberty and dignity, the litigant equally urged the court to void Army’s notice that placed his photograph among the wanted persons.

Cited as 1st and 2nd respondents in the fundamental rights enforcement action marked: FHC/ABJ/CS/590/24, which he filed through a team of lawyers led by Mr. Femi Falana, SAN, were the Chief of Defence Staff, CDS, and the Chief of Army Staff, COAS.

In an affidavit he attached in support of the suit, Okodeh averred that the action of the respondents not only affected his political career, but also made him to go into hiding.

Meanwhile, the respondents, through their counsel, Enahoro-Ebah, urged the court to dismiss the suit which they described as frivolous and highly vexatious.

According to the respondents, at no time was the name or photograph of the Applicant published as a wanted person.

Enahoro-Ebah maintained that Okodeh “is unknown to the Nigerian Army,” insisting that he is not a person of interest to the respondents to warrant his inclusion in the list of those that are wanted for the murder of 17 soldiers at Okuama community.

“There was no time he was declared wanted. Even the photograph the Applicant is claiming does not belong to him,” Enahoro-Ebah insisted.

However, counsel to the Applicant, Mr. Falana, SAN, maintained that contrary to the claim of the respondent s’ lawyer, his client was indeed declared wanted by the Nigerian Army.

He argued that in view of the seeming contradiction and conflict of facts in affidavit evidence that were adduced by the parties, there was need for the Applicant to appear before the court to testify in person.

It was Falana’s position that allowing the Applicant to give oral evidence before the court would settle the conflicting depositions in the affidavits.

Even though the respondents’ counsel opposed the application, Justice Binta Nyako overruled his objection and gave the nod for the Applicant to appear before the court on the next adjourned date.

The case was subsequently adjourned to April 28.

It will be recalled that 17 soldiers were on March 14, 2024, ambushed and gunned down at Okuama in Delta state, a development that led the Defence Headquarters Abuja to declare 8 persons wanted.

Though Okodeh’s name was not published among the wanted list, he, however, alleged that his photograph was posted with a name that belonged to another person.

Okodeh claimed that though he was initially the chairmanship candidate of the Peoples Democratic Party (PDP) for a Local Government election that was scheduled for April 11, 2024, he was substituted with another candidate following the publication by the Army.

Among other things, he is praying the court to issue an order of perpetual injunction, restraining the CDS and COAS from arresting him as he is a law-abiding citizen of Nigeria who had never had any criminal record from childhood.

He equally wants the court to order the respondents to tender an apology which should be published on both print and electronic media, so that he could have his freedom to live his normal life.

While challenging the competence of the suit, the COAS, in a counter affidavit he filed on November 28, 2024, urged the court to dismiss the matter for being purely speculative and hypothetical.

“On the 14th day of March, 2024, 17 officers and soldiers who were deployed on a peacekeeping mission in Okuama Community, Ughelli South Local Government Area of Delta State, were gruesomely killed.

“The 17 officers and soldiers killed, comprises a Lieutenant Colonel, Two Majors, One Captain, and 13 Soldiers,” the COAS told the court.

He acknowledged that eight individuals who were persons of interest in the investigation were duly declared wanted.

He told the court that though names and photographs of the eight individuals were published by the Nigerian Defence Headquarters, the Applicant was not one of them.