Choice Umode, a Warri-based lawyer, has dragged the Nigerian Army and the Commanding Officer of the Nigerian Army’s 90 Amphibious Battalion, Maj. Ajongbo, before a Delta State High Court in Effurun in the Uvwie Local Government Area of Delta State, with a demand for twenty million naira (N20,000,000.00) each for three people who were allegedly unlawfully arrested and detained for over three weeks by military officers attached to the Army in Koko, Warri North local government
The twenty million naira (N20,000,000.00) is for exemplary damages suffered psychologically, physically, and emotionally as a result of the victims’ unlawful detention by the Nigerian Army and the Commanding Officer of 90 Battalion.
Mr. Abraham Asagba, Mr. Goodluck Ikoyo, Chairman of Ikweawu Community, Amu-Okpe in Sapele Local Government Area, and one Mr. Igho Meeting were among those unlawfully arrested and detained, according to the legal practitioner.
This is stated in a motion on Notice filed in EHC/FHR/92/2022.
The lawyer is suing for compensation for alleged violations of his clients’ fundamental rights.
Mr. Umode also requests that the Court issue a “declaration that the arrest and detention of the Applicants by military officers of the 1st Respondent under the control and supervision of the 2nd Respondent since 9/11/2022 is unconstitutional and illegal.”
“A declaration that the Applicant’s detention in the military cell for more than twenty-two(22) days is unconstitutional and illegal.”
Mr. Umode had previously petitioned the Delta State Commissioner of Police, CP Ari Muhammed Ali, and the General Officer Commanding, 6 Division of the Nigerian Army in PortHarcourt, Rivers State, alleging that three people had been illegally arrested and unlawfully detained by military officers for more than three weeks.
He stated that they have been held in the custody of the Nigerian Army’s 63 Brigade in Asaba, Delta State, since November 9, 2022.
Mr. Choice Umode Esq of Choice U. Umode & Co Chambers wrote the petition separately on behalf of Mr. Hero Asagba, a businessman who carries out sand dredging in Ikweawu Community Amu-Okpe, Sapele Local Government Area.
Mr. Abraham Asagba, Mr. Goodluck Ikoyo, and one Mr. Igho Meeting, a worker at the businessman’s dredging site, was allegedly arrested and detained by soldiers.
According to the petition, the businessman and the two others who were allegedly arrested have been detained for the past three weeks without the order of any court of competent jurisdiction.
While noting that the businessman dredges sand at Ikweawu Community in Amu-Okpe Community in Sapele Local Government Area, Mr. Umode claimed that one Mr. Stephen, a security guard at his dredging site, called him on the phone to inform him that some armed men had come to the dredging site to rob and that he should rush to the site immediately.
Following the information received from Mr. Stephen, the businessman immediately summoned his elder brother, Mr. Abraham Asagba, Goodluck Ikoyo, and Mr. Igho Meeting at his dredging site.
They were on their way to the dredging site at the request of our client. Mr. Abraham Asagba, Mr. Goodluck Ikoyo, and Mr. Igho Meeting were approached by some military officers attached to the Nigerian Army’s 90 Battalion, who arrested and detained them in the custody of the Nigerian Army’s 63 Brigade in Asaba, Delta State.”
Despite frantic efforts by his client and family members to gain access to the arrested persons of Mr. Abraham Asagba, Mr. Goodluck Ikoyo, and Mr. Igho Meeting, who were arrested and detained under the custody of the 63 Brigade of the Nigerian Army, Asaba, Delta State, the lawyer said the efforts were futile.
“Sir, it is imperative and pertinent at this point to bring to your attention that the persons of Mr. Abraham Asagba, Mr. Goodluck Ikoyo, and Mr. Igho Meeting, who were arrested and taken into the custody of the 63 Brigade of the Nigerian Army Asaba, Delta State, have remained in detention till date, i.e. for more than three weeks, without the order of any court of competent jurisdiction.”
“Sir, in light of the foregoing, we most humbly submit this petition to your esteemed office, requesting that you use your good offices to swiftly investigate this barbaric and unconstitutional act of the military officers who have perpetrated this obnoxious and flagrant disregard for the rule of law, and to ensure that justice is served.”
When reached for comment, Delta State Police Public Relations Officer DSP Bright Edafe stated that he was unaware of any petition.
Attempts to contact the Commanding Officer of the 6 Division in Port-Harcourt, Rivers State, were futile at the time of this report.
