Opinion
A Wise Decision
When a vicious gang of militants led by one Keniwenimo Niweigha, alias Ken, unleashed a reign of terror on Odi community in Kolokuma / Opokuma Local Government Area of Bayelsa State, little did it know that its criminal activities would attract severe consequences.
Sometime in Novemebr 1999, the gang ambushed 12 policemen, who were in the community on a peace enforcement mission, and slaughtered them. Expectedly, when the reprisal came the criminals were far out of reach, but not the innocent and hapless members of the community, particularly the most assailable group – women and children.
A visibly angry federal government headed by the then President Olusegun Obasanjo gave a seven-day ultimatum to leaders of the community to handover the culprits, failure of which would attract far reaching aftermath. By November 20, 1999, federal troops invaded the town on the orders of former President Obasanjo. When the soldiers concluded their mission and eventually withdrew from the town, Odi community was no more. The genocide perpetrated there was massive and comprehensive. Over 2,500 people mainly women, children and the aged, were decimated in the attack. Buildings and household items were either set ablaze, destroyed or carted away.
For the Odi people, the incident engaged them in a waiting game. For about 14 years, the people bore their losses and pains and waited on the judiciary for justice, where they took their case to in 2000, demanding N100 billion damages.
However, their patience paid off. On Tuesday, February 19, 2013, a Federal High Court in Port Harcourt presided over by Justice Lambo Akanbi, heard their cry and ordered the federal government to pay the community N37.618 billion as damages for the losses incurred by the people.
Hon. Justice Akanbi must be commended for his brazen show of rare courage. Besides the fact that his judgment was based on the hard evidence before him, not many judges can make similar pronouncement in a case as sensitive as the one in question, regardless of the evidence. The judgment was indeed a reflection of courage, erudition and consideration for justice governed by conscience, truth and good faith.
Undoubtedly, the destruction of Odi community was a flagrant violation of the people’s fundamental rights to life, dignity and justice. No wonder practically everyone was unanimous in welcoming the decision of the court. From the poor in the streets to the rich in sumptuous residences, the feeling was that of triumph over tyranny, impunity and abuse of power. Although the judgment sum is not commensurate with the devastation the community suffered, and may also be a far cry from the N100 billion asked for, I think its message to the authorities is very clear.
While the judgment of the Federal High Court may have a salutary effect on the people of Odi, we should not lose sight of its legal implications. If I may ask what happens to Obasanjo who ordered the invasion and the subsequent destruction of the community? If the judgment of the court is anything to go by, then the former president’s action amounts to genocide. If that is the case, should he not be tried for the offence in the International Criminal Court? I think Obasanjo should be tried for the heinous crime against his own people. In addition to trying him, all those involved in the Odi massacre should be prosecuted as well. This is the surest way the injustice meted against the people can be assuaged.
The High Court judgement is a clear indictment of those who ordered those killings and perpetrated them. These perpetrators should be brought to justice in a more substantive way because civil remedies alone will not atone for the crimes committed against the Odi people.
The decision of the court on Odi should galvanize other aggrieved communities with similar experience to challenge government’s action in court. To this end, I commend Zaki Biam, a community in Benue State, for taking a similar action as Odi and got a judgement sum of N41.8 billion in 2007 for its invasion by soldiers, two years, after the Odi massacre. In that invasion, about 2,000 persons lost their lives and property worth billions of naira was destroyed. A Federal High Court in Enugu entered judgement against the federal government and awarded the sum. The Gbaramatu Community in Delta State, which suffered severe bombardment during late President Yar-Adua’s regime, should act likewise if it has not initiated a corresponding action.
While I sympathise with communities that are victims of military invasions over criminal activities of their members, I have to state that such communities and many prospective ones have lessons to learn from the various court judgements and the circumstances surrounding the military invasions in the first instance.
Chiefs and leaders of communities should not condone unruly behaviour of their subjects. They must realize that in the event of a crisis, military personnel as well as policemen should be spared. Killing them is unacceptable and condemnable. On the other hand, the government has a greater lesson to learn. Our leaders must be mindful of their actions and reactions while in office because they will account for them. Government must realize that it is a constitutional responsibility for them to protect the rights and lives of the people regardless of the level of provocation. A major lesson for the government still is never to deploy soldiers to tackle civil revolts that could be easily handled by the police.
Arnold Alalibo
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