Abia Court Hears Nnamdi Kanu’s N5bn Suit Against FG Today

The detained leader of the Indigenous People of Biafra, Nnamdi Kanu, will today know his fate in a suit he filed against the federal government for violating his fundamental human rights.

Kanu is claiming N5bn damages against the FG. The matter will be heard in a high court sitting in Umuahia, Abia State.

Other respondents in the suit are the attorney general of the federation, chief of army staff, brigade commander, 14 Brigade, Nigerian Army, Ohafia, Abia State; inspector general of the police, commissioner for police, Abia State; director general, state security services, and Abia State director, state security services.

Kanu’s special counsel, Mr Aloy Ejimakor, told THE WHISTLER that he was optimistic that justice would be done.

He said, “The court will check in its file whether proof of service on each of the eight respondents has been filed in the court’s file.

“Given that the suit was filed on 7th September, it is expected that service of process must have been completed by now. And if service was accomplished, the respondents have five days to file their counter affidavit from the date of completion of service.

“Where a respondent fails to respond within five days, such respondent shall be deemed to have admitted the facts averred in the affidavit and judgment shall be entered in favour Nnamdi Kanu.

“I have confidence that the Abia court will uphold the law. The Oyo State High Court judgment in Igboho’s case (which is similar to Kanu) is instructive and underscores the wide powers of state high courts when it comes to enforcement of fundamental rights.”

Ejimakor said the N5bn was the 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 his fundamental rights.

According to him, “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.”

The reliefs sought are: “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 amounts to infringement of the applicant’s fundamental rights as guaranteed in Chapter IV of the Constitution of Federal Republic of Nigeria, 1999, and the African Charter on Human and People’s Rights Act.

“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 rights.

“A declaration that the torture and detention of the applicant in Kenya by the respondents or their agents amounts to infringement of the applicant’s fundamental right.

“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 unconstitutional and amounts to infringement of the applicant’s fundamental right.”

Ejimakor therefore prays for 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 the said unlawful expulsion of the applicant from Kenya to Nigeria.

He also seeks an order compelling the respondents or their agents to forthwith release the applicant from detention and 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 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).

His counsel also seeks an order compelling the respondents to issue an official letter of apology to the applicant for the infringement of his fundamental rights; and publication of the letter of apology in three national dailies.