Bombardment of Garamatu: Court slams N100b against FG, JTF

The Federal High Court in Asaba, Delta State has awarded the sum of N100 billion against the Federal Government for using the military to bombard 53 communities in Garamatu Kingdom in Warri South Local Government Area of the state.
The court averred that the bombardment of communities in May 2009 by the Joint Task Force was “illegal and unconstitutional.”
The military pounced on the communities while they were in search of a militant leader, High Chief Government Ekpemupolo, a.k.a Tompolo, and his gang.
Tompolo and his gang have since laid down arms during the amnesty granted by late President Umaru Yar’Adua’s administration.
Delivering his judgment, Justice Ibrahim Buba, in a suit filed in June 2009 between Chief Nelson Ogelegbanwei and 52 others versus the President of the Federal Republic of Nigeria and two others averred that the action of the defendants violated Section 217, sub-section 2(c) of the 1999 constitution.
He said the bombardment, with suit number FHC/ASB/CS/138.2009, which resulted in the demolition, destruction of houses, house hold furniture/wares, boats, canoes, domestic animals and displacement of members of the communities was in violation of aforementioned section.
While granting the prayers of the plaintiffs, Justice Buba further averred that the 3rd defendant (JTF) acted outside the law by destroying lives and properties of the 53 communities.
More so, he said the failure of the defendant (JTF) to appear in court to state their own side of the story was an acceptance of the claims of the plaintiffs.
Lead counsel to the plaintiffs, Selekeowei Larry (SAN), who described the judgment as “sound”, stressed that the bombardment was illegal and unconstitutional.
According to Larry, the communities have been very peaceful by seeking redress in the court rather than taking the law into their hands.
Barrister Igbinnonwanhia Osagie, who appeared for the defendants, said he was satisfied with the judgment.
Osagie however said the judgement would be studied it to see if there were adequate grounds for appeal.
He wondered why the 3rd defendant (JTF) and General Sarkin Yaki Bello, refused to appear in court, even as he said his refusal affected the case.