A Federal High Court sitting in Yenagoa, Bayelsa State, has
ordered the Federal Ministry of Justice and the Presidential
Amnesty Programme headed by Col. Milland Dixion Dikio (rtd) to pay
litigation costs of N20,000 to a Bayelsa-based lawyer, Ibanga
John.
The court awarded the cost as a penalty for FMJ and PAP’s
failure to appear in court over a suit of non-inclusion in the
Amnesty programme brought against them by 19 aggrieved ex-Niger
Delta militants.
![image](/2020/11/NWLR-1.jpg")
The Presiding Judge, Justice Jane Inyang, while awarding the
cost against them on Monday waived aside the excuses offered for
the non-appearance of their lawyers in court and ordered that the
cost must be paid before the adjourned date of December 9, 2020,
following complaints of alleged delay tactics being adopted on the
suit that has lasted since 2013.
Counsel for ex-militants, Ibanga John, had at the resumed
sitting of the court, attempted to brief the presiding judge on the
phone conversation between him and the counsel for the Federal
Government, Nnemeta Timothy-Hart, and counsel for the Amnesty
office on the reasons for their non-appearance.
However, his explanation was discountenanced and Justice Inyang
immediately awarded the cost over the issue of “suspected delay
antics” of the defence team.
The aggrieved ex-militants, Asenekiri Oyinle, Angiama-Owei
Oyindoubra, John Government, Henry Gomeromo, John Sawyer, Trydi
Okpeke, Dollar Motor, Selebi Ayowei, Bobra Angese, Ekerebi Umber
and others, had dragged the Federal Government and the Amnesty
office to court over their non-inclusion in the scheme.
The ex-militant leaders, in suit No. FHC/YNG/CS/102/2013,
alleged the Amnesty office erred by refusing to include them in the
ongoing Amnesty programme after series of resolutions from meetings
with the past and present National Security Advisers, late General
Owei Azazi and Col. Dasuki Sambo (retd.), respectively.
They said: “Instead of respecting the resolutions and directives
from the National Security Adviser, Sambo Dasuki, the Amnesty
office turned down the call to include them and adopted a divide
and rule tactics with the inclusion of only three out of the 22
persons.”
In two separate objections to the suit, the Federal Government
and the Amnesty office had on April 24, 2014, and March 2, 2015,
respectively argued over lack of jurisdiction.
While the Federal Government, which allegedly failed to appear
in court since the filing of the objection, argued that the Federal
Government is a public officer and under the Public Officer
Protection laws, three months had elapsed and the suit on
non-inclusion could no longer be heard by the court.
The Amnesty programme started in 2009 while the claimants said
they surrendered arms in 2011.
The Amnesty office, in its objection, claimed that “Amnesty is a
privilege, not a right, and they cannot litigate.”
The counsel for the ex-militants had argued that the case of
jurisdiction did not arise as “the ex-militants have submitted
copies of FG Amnesty identification cards, proof of bank details
which confirmed they embraced the scheme when it was right and due
hence they have the right to litigate.
“The failure of the Amnesty office to appear in court or settle
out of court, as requested by them and ordered by the court, showed
that the settlement option has failed.”
Recall that the aggrieved ex-militants in a statement of claim
against the Presidential Amnesty Implementation Committee had
sought a court order compelling the Amnesty office to approve
reasonable slots for them as agreed at one of the peace meetings on
December 19, 2011.
A Federal High Court sitting in Yenagoa, Bayelsa State, has
ordered the Federal Ministry of Justice and the Presidential
Amnesty Programme headed by Col. Milland Dixion Dikio (rtd) to pay
litigation costs of N20,000 to a Bayelsa-based lawyer, Ibanga
John.
The court awarded the cost as a penalty for FMJ and PAP’s
failure to appear in court over a suit of non-inclusion in the
Amnesty programme brought against them by 19 aggrieved ex-Niger
Delta militants.
The Presiding Judge, Justice Jane Inyang, while awarding the
cost against them on Monday waived aside the excuses offered for
the non-appearance of their lawyers in court and ordered that the
cost must be paid before the adjourned date of December 9, 2020,
following complaints of alleged delay tactics being adopted on the
suit that has lasted since 2013.
Counsel for ex-militants, Ibanga John, had at the resumed
sitting of the court, attempted to brief the presiding judge on the
phone conversation between him and the counsel for the Federal
Government, Nnemeta Timothy-Hart, and counsel for the Amnesty
office on the reasons for their non-appearance.
However, his explanation was discountenanced and Justice Inyang
immediately awarded the cost over the issue of “suspected delay
antics” of the defence team.
The aggrieved ex-militants, Asenekiri Oyinle, Angiama-Owei
Oyindoubra, John Government, Henry Gomeromo, John Sawyer, Trydi
Okpeke, Dollar Motor, Selebi Ayowei, Bobra Angese, Ekerebi Umber
and others, had dragged the Federal Government and the Amnesty
office to court over their non-inclusion in the scheme.
The ex-militant leaders, in suit No. FHC/YNG/CS/102/2013,
alleged the Amnesty office erred by refusing to include them in the
ongoing Amnesty programme after series of resolutions from meetings
with the past and present National Security Advisers, late General
Owei Azazi and Col. Dasuki Sambo (retd.), respectively.
They said: “Instead of respecting the resolutions and directives
from the National Security Adviser, Sambo Dasuki, the Amnesty
office turned down the call to include them and adopted a divide
and rule tactics with the inclusion of only three out of the 22
persons.”
In two separate objections to the suit, the Federal Government
and the Amnesty office had on April 24, 2014, and March 2, 2015,
respectively argued over lack of jurisdiction.
While the Federal Government, which allegedly failed to appear
in court since the filing of the objection, argued that the Federal
Government is a public officer and under the Public Officer
Protection laws, three months had elapsed and the suit on
non-inclusion could no longer be heard by the court.
The Amnesty programme started in 2009 while the claimants said
they surrendered arms in 2011.
The Amnesty office, in its objection, claimed that “Amnesty is a
privilege, not a right, and they cannot litigate.”
The counsel for the ex-militants had argued that the case of
jurisdiction did not arise as “the ex-militants have submitted
copies of FG Amnesty identification cards, proof of bank details
which confirmed they embraced the scheme when it was right and due
hence they have the right to litigate.
“The failure of the Amnesty office to appear in court or settle
out of court, as requested by them and ordered by the court, showed
that the settlement option has failed.”
Recall that the aggrieved ex-militants in a statement of claim
against the Presidential Amnesty Implementation Committee had
sought a court order compelling the Amnesty office to approve
reasonable slots for them as agreed at one of the peace meetings on
December 19, 2011.