The Federal High Court on February 19, 2013 had ordered the Federal Government to pay the money as damages for the invasion of the community.
Not satisfied with the ruling, the Federal Government applied for stay of execution on the judgment, pending the determination of its appeal at the appellate court.
But Justice Lambo Akanbi of the Federal High Court in Port Harcourt on Wednesday struck out the Federal Government’s suit, insisting that government must pay the sum.
Akanbi, in his ruling, also described the Federal Government’s application as frivolous and lacking merit.
Counsel for the government, Mr. Michael Nomeh, had urged the court to grant his client’s request for a stay of execution on the payment pending the outcome of his client’s appeal.
Nomeh, who represented Ade Okeaya-Inneh (SAN), had argued that it would be difficult to recover the money from the community if the appeal sailed through.
But Lawal Rabana (SAN), Lucius Nwosu (SAN) and Ifedayo Adedipe (SAN), who are counsel for Odi community, asked the court to ignore the Federal Government application.
According to them, Odi people are entitled to the special damage of N17, 6bn and general damage of N20bn awarded in their favour.
They pointed out that since the Federal Government could not bring back to life those who lost their lives during the invasion of the community, the appropriate step was for government to pay the damages.
“You cannot say that because of N37.6bn that your citizens in whose land you explore crude oil should be subjected to suffering. The Federal Government cannot go bankrupt or collapse if the money is released to the Odi community.
“If in the event that the appeal succeeds, the Federal Government can get the money back as these people are not foreigners that will abscond. Odi will continue to remain an integral part of Nigeria forever,” Rabana, one of the counsels for Odi community, argued.
Ruling on the matter, Justice Akanbi declared that the Federal Government’s application was not in good faith.
Akanbi explained that the Federal Government had resources and assets, which far exceeded the money the court awarded as compensation to the people of Odi.
He noted that granting the FG’s application would amount to denying the people of Odi justice, which they had sought for over a decade.
“The whole world is watching Nigeria and they expect that the government should pay the compensation and not subject the community to the rigour of judicial processes,” Akanbi added.
He described as baseless the fear expressed by the Federal Government that it would be difficult to recover the money from the people should its appeal succeed.
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