Did you know that Gbaramatu Kingdom secured a N99 billion judgment debt against the Federal Government (FG) of Nigeria in 2013 at a Federal High Court sitting in Asaba but the court judgment is yet to be obeyed by the FG?

It all begun May 5, 2009 when in search for a former militant leader, High Chief Government Ekpemupolo, aka Tompolo, the Joint Task Force (JTF) as led by the General Sarkin Yaki Bello, had invaded and bombed Gbaramatu Kingdom communities, causing death of inhabitants and damages to properties worth billions of naira.

Exercising their rights under the 1999 Constitution of the Federal Republic of Nigeria, some chieftains of the kingdom led by the Tonwei, Hogh Chief Nelson Ogelegbanwei JP and 52 other plaintiffs filed a Suit numbered FHC/ASB/CS/138.2009 at the Federal High Court, Asaba, the Delta state capital in June 2009 against the President of the Federal Republic of Nigeria and two other defendants.

They (the plaintiffs) claimed that the action of the JTF in bombing 53 communities in Gbaramatu Kingdom located in the Warri South West Local Government Area of Delta State, violated Section 217(2)(c) of the 1999 Constitution.

The aftermath of the suit was the award of a N99 billion judgment in favour of the communities as delivered on December 5, 2013 by Justice Ibrahim Buba of the Federal High Court who agreed that the bombardment violate the provisions of the constitution. The judge also declared that the action of the JTF was illegal and unconstitutional.

Mr. Buba said, “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 N50 billion 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."

By awarding the sum against the Federal Government, it is expected that the FG would comply to pay communities that make up the kingdom the sum of N99 billion in damages in the absence of any appeal against the judgment.

Every month of May reminds the people of Gbarmatu Kingdom of the injustice of the FG that has refused to obey the judgment with no appeal made. The Gbaramatu Traditional Council of Chiefs in Oporoza, headquarters of the kingdom, have appeal to successive govenment including then President Muhammadu Buhari to direct the payment of the N99 billion judgment debt.

For instance, the traditional council in an open letter signed by the then Puwei, High Chief J.G.B. Ari (of blessed memory) and five others to President Buhari, stating that there was no appeal whatsoever pending against the judgment since December 5, 2013 when the court ordered the Federal Government to pay the said amount as damages to the communities. 
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Part of the statement read: “There is resentment in Gbaramatu Kingdom because of the non-payment of the judgment debt, which ought to operate as a fine closure to the issue. We believe that the payment of the judgment debt, though long in coming, would justify the essence of following the path of the law for justice, rather than self-help. This is in sync with the much desired narrative of our people.”

Also, in an attempt to get justice, the affected Gbaramatu communities approached Justice Timothy Holroyde of the Queen’s Bench Division of the Royal High Court of Justice England and Wales, London, on January 18, to register the judgement delivered by the Nigerian court in Asaba against the military. The request was acceded to and the judgement which ordered the Federal Government to pay them N99 billion damages over the attack was noted.

Several years after the judgment and after the open letter, and the registration of the judgment in London, no word has been heard from the Federal Government. Meanwhile, oil mining activities are ongoing in the area with the FG continuously raking in millions of naira on a daily basis.

In the absence of justice and fairness, what exists is injustice and oppression. If the attitude of the Federal Government to the Gbaramatu people is not the latter, then what is?

SOURCES: Sahara Reporters | Vanguard | PremiumTimes

http://saharareporters.com/2013/12/05/delta-communities-win-n100billion-bombardment-suit-against-jtf
https://www.vanguardngr.com/2017/05/judgment-2009-bombardment-gbaramatu-chiefs-task-buhari-payment-n99bn/amp/
https://www.premiumtimesng.com/news/top-news/197117-london-court-registers-n99-billion-judgment-against-nigerian-military.html

#penglobaldiscourse #Gbaramatu #bombardment