May 12, (THEWILL)- The Bayelsa State High Court sitting in Yenagoa has fixed May 20 for judgment in the suit filed by a youth activist, Comrade Collins Opumie, against the Department of State Security (DSS) and the Nigerian Agip Oil Company (NOAC) over his illegal arrest and detention for over two years.
The presiding Judge, Justice Ebiyon Duke Charlie, on resumption of the court, directed all parties to the suit numbered YHC/324/2022 to submit their final addresses and argue their position based on law.
Counsel to the first defendant, Sonia Okiri Esq and 2nd defendant, E. O George Esq, argued in their final addresses that the court should dismiss the claims made by the claimant, Comrade Collins Opumie, and throw out the relief sought.
In her submission, the counsel to the DSS, E.O. George Esq, submitted the final address based on the premise of the issue raised by the claimant on whether the court has jurisdiction and whether the claimant has made reasonable effort to seek relief.
She also prayed the court to dismiss the claimant’s suit for lack of merit, arguing that the claimant had failed to prove his case beyond reasonable doubt.
Counsel to the claimant, Ebipreye K.V. Sese Esq, after the adoption of the final written address, submitted that the claimant has been able to discharge the evidential burden placed on him by the provisions of the Evidence Act, 2011 (as amended 2023) that it is trite law that he who asserts must prove in order to succeed in his claim.
“That the claimant has been able to prove his case against the 1st & 2nd set of Defendants, which is Agip and DSS and as such, he’s entitled to all the reliefs sought,” he said.
Barr. Sese further argued that throughout the hearing of the case, the DSS has vehemently denied that they did not at any time detain the claimant. However, contrary to their denials, the evidence before the Court clearly established the fact that the claimant was actually detained by the DSS for (2) two years in its prison facility at its Headquarters in the Federal Capital Territory, Abuja without bail or arraignment in a court of law upon the instigations of the NAOC.
Recall that the Bayelsa youth activist, Comrade Collins Opumie, had in 2023, filed a suit against his illegal arrest and detention, demanding the sum of N9 billion as damages.
He also prayed to the court to declare that his arrest, torture and subsequent detention without proper food, medical attention and access to family members for two years was false Imprisonment and malicious prosecution.
In his eight prayers before the court, Opumie sought the order of the court against the defendants jointly and severally “for damages suffered as a result of the false imprisonment for two (2) years under the custody of the DSS (2nd set of defendants) in their prison facilities without bail or arraignment in a court of law at the instance of the Agip (1st set of defendants) false and malicious complaints/reports against him.
“An injunction restraining the 2nd and 3rd set of defendants from further harassing or attempting to arrest and detain the claimant at the instance of the 1st set of defendants.”
Opumie, who is an indigene of Opuama Community in Southern Ijaw Local Government Area of the state and one of the Niger Delta youths who embraced the Presidential Amnesty Programme (PAP), in his statement of claims, accused the DSS in Yenagoa of allegedly abducting him at the instance of the Nigerian Agip Oil Company (NAOC) in a Gestapo style.
He said he was physically and mentally tortured, tied and thrown into the boot of a vehicle and taken to Abuja like a common criminal without the knowledge of his family and access to medical care.
Amos Okioma is a Correspondent at THEWILL
