A Federal High Court in Abuja has granted Mr. Lucky Okodeh, former Caretaker Chairman of Southern Ijaw Local Government Area in Bayelsa State, permission to give oral evidence in his N2 billion lawsuit against the Nigerian Army. Justice Binta Nyako issued the order on Wednesday following a request by Okodeh’s lawyer, Mr. Femi Falana, SAN.
Falana argued that there were conflicting facts in the affidavits submitted by both parties, necessitating oral evidence to clarify the matter. He insisted that the Nigerian Army had allegedly published Okodeh’s photograph among those wanted in connection with the killing of 17 soldiers in Okuama, Delta State, in March 2024.
However, the counsel to the Chief of Army Staff (COAS), Mike Enahoro-Ebah, opposed the application, stating that the Nigerian Army had never declared Okodeh wanted. Enahoro-Ebah argued that Okodeh was unknown to the COAS and the Nigerian Army, describing the suit as unnecessary.
Justice Nyako, in her ruling, granted Falana’s application and adjourned the case until April 28 for Okodeh to present his oral evidence.
Okodeh had filed the fundamental rights enforcement suit (marked: FHC/ABJ/CS/590/24) against the Chief of Defence Staff (CDS) and the COAS, accusing them of violating his rights to personal liberty and dignity. He claimed that the Nigerian Army’s alleged publication of his photograph among wanted persons had damaged his political career and forced him into hiding.
Although Okodeh’s name was not listed among the eight individuals declared wanted by the Defence Headquarters, his photograph was allegedly published under a different name. This development reportedly forced him to withdraw as the Peoples Democratic Party (PDP) chairmanship candidate for the April 11, 2024, local government elections in Bayelsa.
In his suit, Okodeh sought N2 billion in damages, an order restraining the CDS and COAS from arresting him, and a public apology to be published in print and electronic media.
The COAS, in a counter-affidavit, described the suit as speculative and hypothetical, emphasizing that Okodeh was not a person of interest in the ongoing investigation into the Okuama killings.
The case continues to unfold as Okodeh prepares to testify in court.
