Victims of of the Military invasion of Zaki-Ibiam in Benue State have demanded from the Presidency the immediate payment of the N41.8 billion special and general damages compensation awarded them six years ago by a Federal High Court sitting in Markurdi over the mass killing of their people and destruction of their properties.
The money was awarded the Tiv people who, in 2001, were invaded by armed soldiers in Logo, Ukum, Kwande and Katsina Ala Local Government Areas of Benue State where over 2,000 citizens were reportedly massacred by the military.
It would be recalled that on October 22 to 24, 2001, several hundred soldiers of the Nigerian army killed more than 200 unarmed civilians and destroyed homes, shops, public buildings and other property in more than seven towns and villages in Benue State.
Gbeji was among the worst-hit locations: more than 150 people were killed there alone, while more than 20 were killed in the larger market town of Zaki-Biam, and others were killed in several other villages.
It was a well-planned military operation, carried out in reprisal for the killing of 19 soldiers in the area two weeks earlier, which was attributed to members of the Tiv ethnic group.
Those who died at the hands of the military were victims of collective punishment, targeted simply because they belonged to the same ethnic group.
The N41.8 billion was awarded against the Federal Government as compensation for the arbitrary deployment of armed soldiers against the innocent and harmless citizens who were either brutally killed or inflicted with permanent injuries.
In a strongly worded letter to President Goodluck Jonathan, the victims asked the President to respect and obey the rule of law by ordering the payment of the judgment debt without any further delay.
In the letter dated February 20, 2013 and signed by their counsel, Sebastine Hon, SAN, the victims recalled that the N41.8 billion was awarded to them by Justice Lewis Alagoa in 2007 in his judgment in their suits where they demanded payment of about N200 billion for the state assault against them.
The victims recalled that the Federal government had initially appealed the decision of the Federal High Court at the Court of Appeal, but later through its team of lawyers applied to settle the matter out of court in order to heal the wounds inflicted on them.
They however regretted that six years after the out-of-court settlement proposal, the Federal Government had not made any tangible move to meet its own part of the settlement agreement.
The letter, entitled: “Appeal to Direct Compliance with Judgment in consolidated suits Nos. FHC/MKD/CS/6/2002 and FHC/MKD/41/2001,” reads in part: “We are Solicitors, retained by Peter Orngu, Terfa Akaagba, Anongo Unishigh, Ngunengen Adura, Jabi Adula, Emelu Adula, Elizabeth Aoughakaa and Andrew Juntu, who were some of the Plaintiffs in Consolidated Suit Nos. FHC/MKD/CS/6/2002 AND FHC/MKD/CS/41/2001, delivered on 5th day of July, 2007, by the Hon. Justice A.L. Allagoa of the Federal High Court, Enugu (now a respected Justice of the Supreme Court of Nigeria).
“Your Excellency, the Federal High Court, in that said judgment, had awarded the total sum of N41.8 Billion Special and General Damages against the Federal Government for the unlawful termination of lives and destruction of property by Soldiers at various places in Logo, Ukum, Kwande and Katsina-Ala Local Government Areas of Benue State, an unfortunate event popularly known in ordinary Nigerian parlance as the ZAKI-IBIAM INVASION”.
“The Federal Government, even though appealed to the Court of Appeal, Enugu, later applied through its lawyers for leave to settle the matter out of court, which was granted. Till date, however, no such settlement has been done and there is no serious effort aimed at achieving such settlement.”
Hon further stated: “This is more than 12 years since innocent lives were mowed down without provocation or aggression by Nigerian soldiers, and this is almost six years since an important Court like the Federal High Court ordered the Federal Government to pay compensation to the victims of that unprovoked assault.
“However, no effort has been made to assuage the feelings of those victims of crass illegality; and there seems to be no such remedy in the near future except if you intervene as a matter of urgency.It is in the light of the above that we crave your esteemed and highly valuable intervention as the father of the nation, by ordering all the necessary departments of the Federal Government to immediately comply with the terms of the judgment of Allagoa.”
He maintained that “such a step, Your Excellency, will reassure our clients and the larger Tiv interest they directly or indirectly represent, that they are still Nigerians. It will also solve, and resolve and settle a lot of social and economic challenges faced by them as a direct offshoot of the onslaught on their persons and property by the rampaging soldiers. While we expect a very favourable and a most quick intervention, we crave you to kindly accept assurances of our highest esteem.”
Specifically, Justice Alagoa of the Federal High Court then and now a Justice of the Supreme Court had in his judgment held that the amount (N41.8 billion) would not even be enough compensation in view of the permanent injuries like the cutting of pennies, plucking of eyes, hands and amputation of kegs inflicted on the innocent people by the soldiers.
The judge further held that the invasion by soldiers was unprovoked illegal, brazen, arbitrary and unlawful because there was no outbreak of war or imminence of war in the areas when the soldiers were moved out for the wanting killings, maiming and destructions.
Justice Alagoa also held that the action of the Federal Government was worrisome and painful because despite its legal appearance in the suit, it never defended itself or disputed the claims of the plaintiff in the suit against it.
Fourteen prominent victims had on behalf of others sued the Federal Government, claiming over N200 billion for losses of their wives, husbands, children and relations during the soldiers’ invasion.
The 14 plaintiffs were: Dr. Alexander Gaadi, Peter Orngu, Terfa Akaagba, Anongo Unishigh, Ngunengen Adura, Jabi Adula, Emelu Adula, Elizabeth Aoughakaa, Andrew Juntu, Azenda Igo, Anange Agashia, Mbakesen Ayatse, Mbayemen Masewuan, and Zaki Kaduna Mazan.
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