London Court Registers N99Billion Judgment Against Nigerian Military

A London Court has registered a judgement
delivered by a Nigerian court against the military
following the bombardment of the Gbaramatu
communities in Delta State by the Joint Military
Task Force operating in the state in May 2009.
Justice Timothy Holroyde of the Queen's Bench
Division of the Royal High Court of
Justice England and Wales, on January 18,
acceded to the request of the communities to
register the judgement which ordered the federal
government to pay them N99 billion damages
over the attack.
He however rejected the request by the
communities to register the judgement against
the president of Nigeria and the attorney general
of the federation and minister of justice, who
were the first and second defendants in the suit.
In their request, the communities had also
sought to obtain a worldwide freezing injunction
against the assets of the federal government.
The Federal High Court, Asaba, Delta State, had
ordered the federal government to pay the
communities N99.9 billion damages for gross
violation of their rights by the force then
coordinated by Sarkin Yakin Bello, a retired
major general.
Counsel to the communities, Selekeowei Larry, a
Senior Advocate of Nigeria, filed the case.
However, two years after the judgement was
delivered, the federal government neither
complied nor appealed against it, forcing the
communities to request the London Court to
register it.
Before applying to the Queen Bench Division
High Court of Justice in London, to register the
judgment, the communities wrote twice to the
then Attorney General of the Federation,
Mohammed Adoke, asking the government to
comply with the judgment.
On May 5, 2009 the task force invaded
Gbaramatu communities in Warri South West
Local Government of Delta State killing and
maiming residents and also destroying
properties worth billions of naira.
They however filed a suit at the Federal High
Court in Asaba on June 22, 2009 against the
president, the attorney general of the federation
and Mr. Bello.
In the suit, the communities also asked the
court to declare the bombardment
unconstitutional and a gross violation of their
rights.
Delivering the judgement, Justice Ibrahim Buba
said the bombardment of the communities by
the military resulting in the demolition/
destruction of houses, household furniture/
wares, boats, canoes, domestic animals and
displacement of members of the communities
''is in violation of section 217 (2)(c) of the 1999
constitution and is therefore unconstitutional.''
Mr. Buba added, ''That the sum of N49 billion is
awarded in favour of the plaintiffs as special
damages against the defendants jointly
severally.
''That the sum of N50billion is also awarded
as aggravated and punitive damages against the
defendants jointly and severally for the unlawful
bombardment and sacking of the plaintiffs’
communities which resulted in wanton
destruction of their houses, household furniture
and other wares, their domestic animals, canoes,
boats, sacred places, artifacts etc and which
resulted in total displacement of members of the
communities for minimum of three months from
15th May 2009, the effect of which was that
members of the communities were living in the
swampy mangrove forests in subhuman
conditions while others were in a concentration
camp and suffered loss of income, disease, and
mental torture and the education of their
children of school age was disrupted.''