GBARAMATU VS FGN/BUBA 

 The Federal High Court sitting in Asaba has awarded the Gbaramatu Kingdom of Warri-South Local Government Area, Delta State a total cost of about N100billion for the bombardment of 53 communities of the kingdom by the JTF in 2009.

  

On May 15, 2009, when the people of Gbaramatu Kingdom were preparing to kick start their annual Amaseikumor festival, the military Joint Task Force operating in Niger-Delta, bombarded the Kingdom in search of the now repentant leader of “Camp 5”, Government Ekpumopolo (aka Tompolo) and other members of his then militant group.

During the bombardment of the communities, properties were destroyed and thousands of people including women and children displaced.

This made the communities to institute a case led by Chief Nelson Ogelegbanwei and 52 others against the President of the Federal Republic of Nigeria and two others at the Federal High Court, Asaba with Suit No: FHC/ASA/CS/139/2009.

Delivering the judgement, Justice Ibrahim Buba in his judgement which last for about an hour said that the bombing of the communities by the 3^rd defendant, the then Commander of the JTF, Major-General Sarkin Yarkin Bello was carried-out beyond the ambit of the law which also went beyond the order of the 1^st defendant.

Justice Buba therefore ruled based on documented facts before the court by the plaintiffs, said that the sum of N49,498,165,494.16k (Forty-Nine Billion, Four Hundred and Ninety-Eight Million, One Hundred and sixteen kobo) only  should be paid as Special Damages by the defendants jointly and severally to plaintiffs.

The judge also ruled that the sum of N50,501,834,505.14k (Fifty Billion, Five Hundred and One Million, Eight Hundred and Thirty-Four Thousand, Five Hundred and Five Naira, Fourteen Kobo) should also be paid as aggravated and/ or punitive damages to the plaintiffs by defendants jointly and severally for the unlawful bombardment and sacking of the plaintiffs’ communities which resulted to in wanton demolition /destruction of their houses, household furniture and other wares, their domestic animals, canoes, boats, sacred places, artefacts etc  and which resulted in total displacement of members of the communities living in swampy mangrove forest in subhuman condition for about three months.

The lead Counsel to the Plaintiffs, Selekeowei Larry, SAN, described the judgement of the court as a “sound judgement”, and urged the federal government to abide by the ruling of the court. While the Counsel to the defendants Igbinomwanhia Osagie also described the judgement as a sound judgement, but attributed the loss of the case to the absent of the 3^rd defendant, Major-General Sakin Yarkin Bello for refusing to come to court to state his own part of the story.

Osagie said that his team gave a "good fight" as the case lasted, but he's yet to make a decision on appeal.

The judgement came after the people of Gbaramatu Kingdom were mourning the exit of the traditional ruler of the Kingdom whose palace was among the building that was bombarded by the JTF.

‘Tunde Andrew