The suit against Federal Government by leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu at a Federal High Court sitting in Umuahia North local area of Abia State capital has been adjourned to May 12.
Kanu, through his counsel, Barr. Aloy Ejimakor, had instituted a N25bn against the Federal Government, seeking the enforcement of his client’s fundamental human rights which they said was violated by the federal government.
The IPOB leader, in the suit FHC/UM/CS/30/2022, sought an order of the court to declare his arrest in Kenya by the respondents’ agents without due process of law arbitrary.
The suit is also seeking an order to declare as unlawful, the “enforced disappearance of the Applicant for eight days and their refusal to produce the Applicant before a Kenyan Court for the purpose of Applicant’s extradition as unconstitutional and amount to infringement of the Applicant’s fundamental right against arbitrary arrest, to his personal liberty and to fair hearing as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter.”
It also seeks ” a declaration that the detention of the Applicant in a non-official secret facility in Kenya and the torture of the Applicant in Kenya by the Respondents’ agents is illegal, unlawful, unconstitutional and amount to infringement of the Applicant’s fundamental right against unlawful detention, torture and to fair hearing, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter”.
Other prayers by Kanu include: ” that, pursuant to Article 12(4) of the Charter, the expulsion (or extraordinary rendition) of the Applicant from Kenya to Nigeria by the Respondents without a decision taken in accordance with the law of Kenya is illegal, unlawful, unconstitutional and amounts to infringement of the Applicant’s fundamental right to fair hearing and not to be expelled from a State Party to the Charter except by virtue of a decision taken in accordance with the law, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter
“A declaration that any criminal prosecution of the Applicant the purpose of which the Respondents unlawfully expelled the Applicant from Kenya to Nigeria is illegal, unlawful, unconstitutional and amounts to infringement of the Applicant’s fundamental right to fair hearing, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter.
“An order of injunction restraining and prohibiting the Respondents from taking any further step in any criminal prosecution of the Applicant enabled by the said unlawful expulsion of the Applicant from Kenya to Nigeria.
“An order mandating and compelling the the Respondents to forthwith restitute or otherwise restore the Applicant to his liberty, same being his state of being as of 19th June, 2021; and to thereupon repatriate the Applicant to his country of lawful domicile (to wit: the United Kingdom) to await the outcome of any formal request the Respondents may file before the competent authorities in Britain for the lawful extradition of the Applicant to Nigeria.
“An order mandating and compelling the Respondents to issue an official Letter of Apology to the Applicant for the infringement of his fundamental rights; and publication of said Letter of Apology in three (3) national dailies.
“An order mandating and compelling the Respondents to pay the sum of N25,000,000,000.00 (Twenty-Five Billion Naira) to the Applicant, being monetary damages claimed by the Applicant against the Respondents jointly and severally for the physical, mental, emotional, psychological, property and other damages suffered by the Applicant as a result of the infringements of Applicant’s fundamental rights by the Respondents.”
The presiding judge Justice Evelyn Anyadike however requested Kanu’s lawyers to furnish the Court with more information on why it should have territorial jurisdiction to abdicate on the matter.
When the matter however came up, respondents to the suit counsel to the Federal Government, the President of the Federal Republic of Nigeria, and the Attorney General of the Federation, Barrister Amos Enoch, leading other lawyers from the office of the Attorney General who appeared for the three respondents pleaded with the Court to grant the respondents an extension of time to file their written addresses.
After due consideration, the Court granted their request and adjourned the matter for hearing on the written addresses of the parties to 12th May, 2022.
Kanu’s lawyer, Ejimakor, who berated the delay tactics of the Federal Government’s led legal team however expressed hope that there won’t be any further setback especially from the Federal Government.