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Military invasion: Court orders CBN to pay N8 billion to Benue communities

Experts lauds CBN’s proposed policy for loan defaulters to forfeit deposits in other banks
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Written by Maritime First

…As UN says 405 aid workers attacked, 131 killed, 144 wounded and 130 kidnapped in 2018***

A Federal High Court, Monday, ordered the Central Bank of Nigeria (CBN) to immediately pay the sum of N8 billion to Tiv communities in Benue invaded by soldiers sometime in year 2001, killing several and destroying quantum property.

The money was therefore awarded in favour of the communities in Logo, Ukum, Kwande and Katsina-Ala Local Government Areas of the state for the loss of lives and property they suffered during the invasion by soldiers of the Nigerian Army.

Justice Nyang Ekwo gave the order following the garnishee application by the communities for the enforcement of the consent judgment delivered by the Court of Appeal in Enugu on Feb. 2, 2015.

The judge, who had earlier granted the preliminary “garnishee nisi”, made the garnishee order “absolute” on Monday by ordering the CBN to pay the sum of N8 billion into an interest yielding account to be domiciled with  First Bank of Nigeria Plc administered by the Chief Registrar of the court.

The judge added that he would subsequently make an order for the disbursement of the money after the CBN complies with the order for the payment.

‎He said the terms of disbursement would have to be signed by first class chiefs of Jukun, Logo, Kwande, Katsina-Ala Local Government Areas on behalf of the Tiv Traditional Council.

He ruled: “The garnishee (CBN) is hereby ordered to pay the garnishee sum into an interest yielding account to be opened and maintained by the Chief Registrar of this court in First Bank of Nigeria Plc.

“The order authorising the disbursement of the money, shall be made upon being satisfied with the terms of disbursement including the legal fees jointly signed by Ocha Ulegede Esq, and J.K Gadzama, SAN, for the ganishors and endorsed by first class chiefs of Jukun, Logo, Kwande, Katsina-Ala local government areas on behalf of the Tiv Traditional Council.”

Also read: Insecurity: Death toll rises to 9 in attacks on Benue communities

The plaintiffs who instituted the suit were 14 persons from the Benue communities, who were victims of the military invasion which occurred about 18 years ago.

They were late Dr. Alexander Gaadi, Peter Orngu, Terfa Akaagba, Anongo Unishigh, Ngunengen Adula, Demelu Adula, Zaki Mazan, Mbakesen Ayatse, Mbayemen Maswuan, Anande Agashia, Azenda Igo, Elizabeth Aoughakaa, and Andrew Juntu.

They instituted two separate suits which were later consolidated against the then Commander-in-Chief of the Nigerian Armed Forces, President Olusegun Obasanjo, the then Minister of Defence, Chief of Army Staff and the Attorney-General of the Federation.

In their consolidated suits, which were filed at the Federal High Court in Markurdi but later transferred to Enugu Division of the court, the 14 plaintiffs alleged that the Army was used against the Tiv communities under the pretext of settling communal conflicts.

They therefore, urged the court to declare the deployment of the army as genocidal, and the continued occupation of the communities by soldiers as undemocratic and unconstitutional.

In one of the two suits, marked FHC/MKD/CS/6/2002, they sought N60 billion as damages against the respondents for “brutally and untimely terminating the lives” of the plaintiffs’ parents, daughters and brothers” as well as for “permanently depriving” some of the plaintiffs their body parts such as manhood and hands of some of them thereby subjecting them “to mental and psychological pains and anguish”.

The plaintiffs sought about N32 billion as damages in the suit FHC/MKD/CS/41/2001.

They also sought a public apology, among other prayers.

Delivering judgment on the consolidated suits on July 5, 2007, the Enugu Division of the Federal High Court presided over by then Justice A.L Allagoa, awarded N10 billion in favour of the plaintiffs and against the respondents.

None of the defendants had filed any papers to defend the suit at the trial court but they appealed against the judgment.

At the Court of Appeal in Enugu, the parties agreed on N8 billion damages which the court awarded in favour of the Benue communities in a consent judgment delivered on Feb. 2, 2015.

Ruling on the plaintiffs’ garnishee application on Monday, Justice Ekwo held that there was nothing standing as impediment to the payment of the N8 billion since the respondents had consented to it at the Court of Appeal.

He held: “It is my opinion that the judgment debtors/appellants entered into terms entered by the Court of Appeal in appeal number CA/E/410/2008 as judgment of Feb. 2, 2015 was a clear and unambiguous expression and readiness of the judgment debtors to pay the sum agreed therein to the ganishors.

“Upon studying the averments in the six-paragraph affidavit to show cause deposed to on March 28, 2017, by one Huseini Sani Kagai, and three-paragraph further affidavit showing cause deposed to on May 8, 2017, by the same Huseini Sani Kagai, I am unable to see any contrary issue or impediment established by the garnishee that would constitute a cause shown by the garnishee why the order nisi proceedings ought not to be made absolute and I so hold.”

In another development, the United Nations on Monday reaffirmed its demand for the protection of humanitarians by world leaders and parties to conflicts around the world, lamenting that the humanitarian body was presently suffering an average of five attacks per week.

In separate messages to mark the 10th World Humanitarian Day, top officials of the organization also emphasized the rights of all humanitarian workers to protection under international law.

The day commemorates the August 19, 2003 car bomb attack on the UN headquarters in Baghdad, Iraq, which left 22 staff members dead.

This year’s event focuses on the efforts of women humanitarian workers across the world “who put their lives at risk to promote peace and development” around the world

The UN Staff Union already hosted a wreath-laying ceremony at the organisation’s headquarters in New York, as part of the event.

In his message, UN Secretary General António Guterres, decried the continued “serious violations of international humanitarian and human rights law around the world”.

Guterres said since the 2003 attack in Iraq, no fewer than 4,500 aid workers of all genders had been killed, injured, detained, assaulted or kidnapped on duty.

This, according to him, translates into an average of five attacks per week, and 280 victims in a year or five in every single week.

“Last year saw the second highest number of attacks on aid workers on record, with 405 aid workers attacked, 131 killed, 144 wounded and 130 kidnapped in a total of 226 separate incidents”, he said.

Guterres said that member states, regional and international bodies must rise up to the occasion and ensure that perpetrators were investigated and prosecuted.

Speaking on women humanitarians, he said they made a “huge difference” to the lives of millions of women, men and children in urgent need.

According to him, 250,000 aid workers around the world are women, a figure that amounts to more than 40 per cent of the humanitarian workforce.

“From supporting civilians caught up in crisis to addressing disease outbreaks, women humanitarians are on the front lines.

“Their presence makes aid operations more effective by increasing their reach.

“It also improves the humanitarian response to gender-based violence, which increases during emergencies,” the UN Chief said.

At the wreath-laying ceremony, Deputy Secretary-General Amina Mohammed, said that those attacking the UN “want to make us afraid, feel weak or to retreat.

“Losing so many of our staff members and personnel all over the world is a terrible blow to our mission.

“But at the same time, I know that you will never lose faith in the role of the UN and that we will each in our own way remain determined to fulfil our reponsbility to work for peace, development and human rights.

“Today, as we honour those who inspired us to be bold and determined to go forward, let us reinvest our courage.”

She said that he UN was doing more to “address the needs of surviving staff, as well as families of the victims in their long journey of healing”.

President of the General Assembly, Ms María Espinosa, said that humanitarian workers “make a real difference in people’s lives through their commitment, sacrifice and tireless resolve to bring assistance and relief to people in crisis”.

She paid tribute to all women humanitarians “who do not spare efforts to put themselves, daily, on the front lines of dangerous and challenging situations to deliver assistance and to promote peace in the world”.

 

 

 

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Maritime First