Nigeria: Court to Deliver Judgment On Nnamdi Kanu's Fundamental Rights Suit

20 October 2022

Aloy Ejimakor, Mr Kanu's special counsel, who filed the suit in March on behalf of the IPOB leader, disclosed this in a statement, Wednesday.

A Federal High Court in Umuahia, Abia State, has fixed 27 October for delivering of judgment on the N25 billion fundamental rights suit filed by Nnamdi Kanu.

Mr Kanu, the leader of the outlawed Indigenous People of Biafra (IPOB), is challenging his arrest in Kenya by Nigerian security agents and "expulsion" to Nigeria.

Aloy Ejimakor, Mr Kanu's special counsel, who filed the suit in March on behalf of the IPOB leader, disclosed this in a statement, Wednesday.

Mr Kanu is being held by Nigeria's secret police, State Security Service (SSS) in Abuja, despite the Court of Appeal striking out the terrorism charges filed against him by the Nigerian government

The court, in the ruling on Thursday, ordered his release from the custody of the SSS and held that the IPOB leader was "extra-ordinarily renditioned" to Nigeria.

The extra-ordinary rendition was a flagrant violation of the country's extradition treaty and also a breach of Mr Kanu's fundamental human rights, the court ruled.

Mr Ejimakor said the fundamental rights judgement will hold on the scheduled date despite the ruling of the Court of Appeal.

He said the clarification was in response to "avalanche of inquiries" from various persons seeking to know if the fundamental rights judgement will still hold because of the Court of Appeal judgment.

"My office has not received, and we do not expect to receive, any notice from the court that the judgment has been adjourned," he said.

The lawyer said although the matter before the Federal High Court Umuahia is related to Mr Kanu's extraordinary rendition to Nigeria, the issues and reliefs decided by the Court of Appeal in Abuja were "markedly different."

"In summary, the judgement of the Court of Appeal in Abuja considered the narrow issue of the impact of extraordinary rendition on the jurisdiction of the Federal High Court in Abuja to subject Mazi Nnamdi Kanu to trial," he said.

Mr Ejimakor stressed that there will not be any sit-at-home on the judgment day.

The IPOB leader is asking the federal high court to declare his arrest, detention and prosecution illegal.

He wants the court to compel the government to release and "repatriate him to Britain, his country of domicile and citizenship".

Mr Kanu told the court that his arrest and detention in Kenya, as well as subsequent trial in Nigeria was an infringement on his fundamental rights to personal liberty and fair hearing as guaranteed under the Nigerian Constitution and the African Charter on Human and People's Rights.

The IPOB leader is asking the court to compel the Nigerian government to pay him the sum of N25 billion being monetary damages for the "physical, mental, emotional, psychological, property and other damages" he suffered as a result of the infringements of his fundamental rights through his unlawful extradition to Nigeria.

He is also asking the court to declare as unlawful the military invasion of his home in Abia State in September 2017, and to compel the Nigerian government to tender a public apology to him "for the infringement of his fundamental rights".

The respondents in the suit include, the Federal Government of Nigeria, the Attorney General of the Federation, the Chief of Army Staff, Brigade Commander, 14 Brigade Ohafia, and the Inspector General of Police.

Others are the Commissioner of Police, Abia State, the Director General of the SSS, and the Abia State Director of the SSS.

Agitation

IPOB is leading the agitation for an independent republic, Biafra, which they want carved out from Nigeria's South-east and parts of South-south.

The government has accused the group of being responsible for the deadly attacks in the South-east and South-south.

Mr Kanu was previously arrested and released on bail. He had jumped bail in 2017.

He was "intercepted" in Kenya in June, last year, by Nigerian security agents and brought back to Abuja.

AllAfrica publishes around 500 reports a day from more than 100 news organizations and over 500 other institutions and individuals, representing a diversity of positions on every topic. We publish news and views ranging from vigorous opponents of governments to government publications and spokespersons. Publishers named above each report are responsible for their own content, which AllAfrica does not have the legal right to edit or correct.

Articles and commentaries that identify allAfrica.com as the publisher are produced or commissioned by AllAfrica. To address comments or complaints, please Contact us.