30th January, 2017
The Nigerian Army has been charged before Justice Vera Venda of the FCT High Court sitting in Jabi for alleged breach of fundamental human right.
The applicants, who alleged breach of their rights, are Mr Osisomo Ake, Daboy Clinton, Ebikimi Mathew and Bubaiyenumubofa James.
The applicants were said to have been arrested by the Nigerian Army in Okaki Community in Rivers sometimes in January 2016.
According to the applicants’ lawyer, Mr Gabriel Egbule, they were arrested on the allegation of terrorism and vandalism of oil pipeline in the state.
Egbule said that the applicants were flown to Abuja from the state in August 2016, that since their arrest; they had been in the custody of the army.
According to the lawyer, “the army is now being charged to court for breach and enforcement of fundamental human right because it failed to charge the applicants since they were arrested.
At the resumed sitting on Monday, one of the applicants’ lawyers, Mr Osaze Ebie, informed the court that the defendant had served it a notice of preliminary objection which it had also replied with a counter objection.
Mr Bala Adukwu, the defendant counsel prayed the court for more time to enable the defendant study and reply to the counter affidavit it received from the applicants.
Adukwu said that new issues were raised by the applicants and that the defendant needed more time to react to the issues.
Meanwhile, Justice Vera Venda adjourned the matter to Feb. 15 for hearing of the preliminary objection.