Two leaders from the Okuama community in the Ughelli South Local Government Area of Delta State, James Oghorokor and Dennis Okugbaye, have dragged the Nigerian Army and the Department of State Services, DSS, before the Federal High Court in Warri.
The duo is seeking N200 million in damages over alleged unlawful arrest and detention.
The two community leaders, represented by their counsel, Malcolm Omirhobo Esq. and Akpokona Omafuaire Esq., are challenging their detention without being charged in court or allowed access to legal representation.
They were arrested in August during a military operation in the area, which resulted in the detention of six other community leaders.
The detainees have reportedly been held in unknown locations since then.
Oghorokor and Okugbaye are demanding their immediate release and compensation, claiming violations of their fundamental rights.
In Suit NO: FHC/WR/CS/84/2024 between James Oghorokor and the Nigerian Army and two others, the applicant is demanding ₦100m for his illegal arrest and detention without trial.
Similarly, in Suit NO: FHC/WR/CS/85/2024 between Dennis Okugbaye and the Nigerian Army and two others, the applicant is also demanding ₦100 million for his illegal arrest and detention without trial.
In their Originating summons, the applicants in the separate suits are praying the court for a declaration that the invasion of their homes without due process of law is a flagrant violation of the Applicants fundamental rights to his privacy and therefore illegal, unlawful and unconstitutional.
They also prayed the court that their arrest by the servants of the Respondents on 19/8/2024 without a warrant, their continued detention and denial of the Applicants access to their lawyer and family members and their refusal to charge the Applicant to a court of law since 19/8/20204 to date is a flagrant violation of the Applicants fundamental rights to his liberty and therefore illegal, unlawful and unconstitutional.
They further prayed to the court that their continued detention of the Applicants since 19/8/2025 to date and thereby restraining their movement without the backing of law is a violation of the Applicants’ fundamental rights to their freedom of movement and therefore illegal, unlawful and unconstitutional.
The Applicants prayed the court for the enforcement of their fundamental rights to their liberty, right to private and family life, right to the dignity of their human person and right to freedom of movement against the Respondents.
The Applicants plead with the court to compel the Respondents to forthwith unconditionally release the Applicants from detention.
They asked the Court for a perpetual injunction restraining the Respondents, their servants, agents and/or privies from further acts of violating their fundamental human rights.
They requested the sum of ₦100,000,000.00 damages each against the Respondents for their fundamental rights on personal liberty, privacy, the dignity of their human person and rights to freedom of movement.