Breaking: Nnamdi Kanu files N5bn lawsuit against FG, demands return to Britain
Abia State High Court presided over by Hon. Justice K. C. J Okereke, Tuesday, granted the leader of the Indigenous People of Biafra IPOB, Mazi Nnamdi Kanu, order to serve by substituted means, an application for enforcement of his Fundamental Rights.
Kanu, through his Special Counsel, Aloy Ejimofor, demands among other things, to be returned to Kenya where he was “abducted”, and subsequently Britain his country of abode before the federal government would apply for his repatriation.
e also demands apology from the federal government and N5
billion damages for the violation of his Fundamental Rights.
Others prayers by the IPOB Leader include:
“A declaration that the military invasion of the
Applicant’s building and premises at Isiama, Afaraukwu Ibeku, Abia State on 10th
September, 2017 by the respondents or their agents is illegal, unlawful,
unconstitutional and amount to infringement of the applicant’s fundamental
right to life, dignity of his person, his personal liberty and fair hearing as
guaranteed under the pertinent provisions of Chapter IV of the Constitution of
Federal Republic of Nigeria, 1999 (hereafter, CFRN) and the African Charter on
Human and People’s Rights (Ratification and Enforcement) Act (hereafter, the
Charter).
“A declaration that the arrest of the applicant in Kenya
by the respondents or their agents without due process of law is arbitrary,
illegal, unlawful, unconstitutional and amounts 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.
“A declaration that the torture and detention of the
Applicant in Kenya by the Respondents or their agents is illegal, unlawful,
unconstitutional and amounts to infringement of the Applicant’s fundamental
right against torture and to fair hearing, as enshrined and guaranteed under
the pertinent provisions of CFRN and the Charter).
” A declaration that the expulsion of the Applicant from
Kenya to Nigeria by the Respondents or their agents and their consequent
detention and planned prosecution of the Applicant in Charge No:
FHC/ABJ/CR/383/2015 (Federal Republic of Nigeria v. Nnamdi Kanu) is illegal,
unlawful, unconstitutional and amount to infringement of the Applicant’s
fundamental right against unlawful expulsion and detention, and to fair
hearing, as enshrined and guaranteed under the pertinent provisions of CFRN and
the Charter).
” An order of injunction restraining the respondents or
their agents from taking any further step in the prosecution of the Applicant
in Charge No: FHC/ABJ/CR/383/2015 (Federal Republic of Nigeria v. Nnamdi Kanu)
pursuant to said unlawful expulsion of the Applicant from Kenya to Nigeria.
” An order mandating and compelling the respondents or
their agents to forthwith release the applicant from detention and restitute or
otherwise restore 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
domicile (to wit: Britain) 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 to continue his prosecution in Charge
No: FHC/ABJ/CR/383/2015 (Federal Republic of Nigeria v. Nnamdi Kanu).
” 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
national dailies.
” An order mandating and compelling the respondents to
pay the sum of N5 billion to the applicant, being monetary damages claimed by
the applicant against the respondents jointly and severally for the physical,
mental, emotional, psychological and other damages suffered by the applicant as
a result of the infringements of Applicant’s fundamental rights.”
All the prayers by Kanu were to be served through
substituted means to the respondents while the next hearing date is set for
21st September, 2021 in Umuahia.
The respondents the Federal Republic of Nigeria, the
Attorney General of the Federation, the Chief of Army Staff, Brigade Commander,
Nigeria Army 14 Brigade Ohafia; and the Inspector General of Police.
Others include: the Commissioner of Police Abia State,
the Director General of the State Services, DSS; the Abia State Director of
DSS.
Kanu’s lawyer said : “Today, I secured an Order from the
High Court of Abia State to serve by substituted means an application for
enforcement of the Fundamental Rights of Mazi Nnamdi Kanu, which I recently
brought before the High Court of Abia State.
“The next hearing date is set for 21st September, 2021 in
Umuahia.
“The material issue is the unbroken chain of
infringements that began with the 2017 extrajudicial attempt on Kanu’s life in
Abia State; his involuntary flight to safety/exile; his abduction in Kenya and
his extraordinary rendition to Nigeria.
“We believe that these supervening issues have
complicated Kanu’s prosecution and thus must be judicially dispensed with
before any further prosecutorial action can proceed.”
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