A Federal High Court in Abuja, on Monday ordered the Central Bank of Nigeria (CBN) to immediately pay the sum of N8 billion awarded in favour of some Tiv communities in Logo, Ukum, Kwande and Katsina-Ala Local Government Areas of Benue State for the losses of lives and property they suffered during the invasions of the communities by soldiers of the Nigerian Army in 2001.
Justice Inyang Ekwo made the order following the garnishee application for the enforcement of the consent judgment delivered by the Court of Appeal in Enugu on February 2, 2015, filed before the court by the communities.
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 opened and maintained in First Bank of Nigeria Plc by the Chief Registrar of the court.
Justice Ekwo added that he would subsequently make an order for the disbursement of the money after the CBN complies with the order for the payment.
The judge said 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.
“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 singed 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”, the judge ruled,
The plaintiffs in the suit are 14 persons from the Benue communities, who were said to have suffered various degrees of losses during the military invasion around in March 2001.
They are, 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 Commander-in-Chief of the Nigerian Armed Forces (then President Olusegun Obasanjo), the then Minister of Defence, Chief of Army Staff and the Attorney-General of the Federation.
In their consolidated suits which they originally instituted in the Federal High Court in Markurdi but were later transferred to Enugu Division of the court, the 14 plaintiffs alleged that the Army was used against the Tiv race under the pretext of settling communal conflicts.
They urged the court to declare the use of the Army as genocidal, and the continued occupation of their communities by the soldiers as undemocratic and unconstitutional.
In one of the two suits, marked FHC/MKD/CS/6/2002, they sought N60bn as damages against the respondents for “brutally and untimely terminating the lives” of the plaintiffs’ parents, daughters and brothers” as well as for the “permanently depriving” some of the plaintiffs their body parts such as manhood and hands of some of them subjecting them “to mental and psychological pains and anguish”.
The plaintiffs sought about N32bn 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 N10bn 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 N8bn damages which the court awarded in favour of the Benue communities in a consent judgment delivered on February 2, 2015.
Ruling on the plaintiffs’ garnishee application on Monday, Justice Ekwo held that there was nothing standing as an impediment to the payment of the N8bn 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 the judgment of February 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 these proceedings ought not to be made absolute and I so hold.”
and then