Two years illegal detention: Court fixes May 20 for judgement on Bayelsa Youth Activist suit against DSS, NOAC
A Bayelsa State High Court sitting in Yenagoa has fixed May 20th for judgement 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 final addresses and argue their position based on law.
Counsel to the First set of defendants, Sonia Okiri Esq and 2nd defendants,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.
Counsel to the Nigerian Agip Oil Company (NAOC), Sonia Okiri Esq, urged the court to dismiss the case of the Claimant as it concerns the Nigerian Ship Oil Company (NAOC).
In her submission, the Counsel to the DSS, E.O. George Esq submitted the final address based on the premise on the issue raised by the Claimant on whether the Court have jurisdiction and whether the claimant has made reasonable cause to seek relief.
She also prayed the court to dismiss claimant’s suit for lack of merit and that the claimant has failed to proof his case beyond reasonable doubt.
Counsel to the claimant, Ebipreye K.V. Sese Esq after 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 assarts must prove in order to succeed in his claim.
” And that the claimant has been able to prove his case against the 1st & 2nd set of Defendant’s which is Agip and DSS and as such he’s entitled to all the reliefs sought”.
Barr. Ebipreye Sese further argued that throughout the hearing of the case, the DSS has vehemently denied that they did not at anytime detain the claimant, however, contrary to their denials, evidence before the Court clearly established the fact that the claimant was actually detained by the DSS for (2) two years in their prison facility at their Headquarters in the Federal Capital Territory, Abuja without bail or an arraignment in a court of law upon the instigations of the (NAOC) Agip.
Recall that Bayelsa Youth Activist, Comrade Collins Opumie had last year filed a suit against his illegal arrest and detention with demands for the sum of N9 billion in damages.
He is also praying the court to declare that his arrest, torture and subsequent detention without proper food and medical attention and access to family members for two years for 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 attempts 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 among Niger Delta Youths that 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, physically and mentally torture him, tie and throw him 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.
