The Federal High Court sitting in Yenagoa, Bayelsa State capital, has awarded a cost of N50,000 against the Nigerian Army and the Chief of Defence Staff in the ongoing fundamental rights case instituted against the Army, the Chief of Army Staff, the CDS and the Attorney General of the Federation as respondents by a Niger Delta activist and lawyer, Festus Daumiebi Sunday.

The contempt proceedings were filed by Barrister Festus Daumiebi, Bayelsa State-born real estate magnate, lawyer and politician.
The applicant, also a top contender for the 2023 Bayelsa State governorship primaries of the All Progressives Congress (APC), had claimed that his country home in Igbomotoru I, Southern Ijaw Local Government Area of the state was invaded and properties worth hundreds of millions of naira were destroyed by men of the 1st to 3rd respondents on March 30 and May 31, 2024 respectively.

The applicant, through his team of seasoned legal practitioners led by Prof. O. F. Emiri (SAN) had instituted a N20.4b special and exemplary damages suit against the Nigerian Army, Chief of Army Staff, Chief of Defence Staff and the Hon. Attorney General of the Federation for the unlawful invasion of his country home and subsequent destruction of his property.

However, despite being served with the appropriate court processes on three consecutive occasions, the respondents allegedly failed, neglected and refused to enter appearance either in person or through their lawyers or file any processes in response to the applicant’s claims.

Angered by the unprovoked and flagrant disrespect of the court by the respondents, the court in its last sitting on June 11, 2024 ordered that hearing notices be served on the respondents for one more time and if they still ignored the court for that one more time, the court should be moved to hear the originating application of the applicant for the enforcement of his fundamental rights.

Surprisingly, the 1st and 3rd respondents entered appearance through a legal practitioner on Wednesday, July 4, 2024 and pleaded with the court for 60 days’ time grace to enable them to file their responses.

The application was vehemently opposed by the lead applicant’s counsel in court, Barrister Affinih Egbegi, who is also a former Attorney General of Bayelsa.

In its ruling, the presiding judge, Hon. Justice Isa Dashen ruled that all respondents to the suit must file and serve their responses and pay the accrued penalties to enable the applicant to respond.

The judge accordingly adjourned the case until July 19, 2024 for hearing of the Originating Application with cost of N50,000 against the Nigerian Army and the Chief of Defence Staff in favour of the applicant

Daumiebi, who was also the APC Senatorial Candidate for Bayelsa Central Senatorial District in the 2019 general elections had on the 1st of June, 2024 accused men and officers of the Nigerian Army, being led by known civilians who were close political allies of the APC deputy governorship candidate of Bayelsa State in the 2023 governorship elections, whom he described as his political foe and the Bayelsa State coordinator of Tantita Security Services.

Daumiebi alleged in a world press conference that men of the Nigerian Army were led into his country home by political faithful of the said politician, headed by one Izon-Ebi Nicolas who lives with the men of the Nigerian Army, stationed in his Igbomotoru country home.

The applicant was represented by 16 seasoned lawyers in court during the court’s session.