Nnamdi Kanu’s Rights Violation Suit: AGF Seeks More Time To File Defence

The federal government and the attorney general of the federation, Wednesday, appealed to the High Court of Abia State for extension of time to file their defence to the fundamental rights suit filed by Barr Aloy Ejimakor, special counsel to the detained IPOB leader, Mazi Nnamdi Kanu.

THE WHISTLER reports that Kanu had in late August approached the Abia High Court to enforce his fundamental rights, stemming from the military invasion of his Umuahia home in 2017 and his rendition from Kenya in June 2021.

The matter was billed for hearing on 7th October, but did not proceed because the case file was not assigned from the vacation court where it was last heard on 21st September when neither the federal government, nor the attorney general made an appearance.

The respondents in the case are the federal government and the attorney general of the federation. Both were duly served 10th September, 2021.

The constitution provides five days for them to respond to the suit in accordance with the Fundamental Rights Enforcement procedures. However, the stipulated days elapsed on 15th September, 2021.

Kanu’s special counsel is opposing the application for the extension of time which was filed on 6th October by the office of the attorney general.

In the application seen by our reporter, the respondents are pleading for the discretion of the court to accept their defence despite its lateness.

Ejimakor however cited statutory and judicial authorities that disallowed delays in hearing cases of fundamental rights, especially in situations where the applicant is in detention.

According to him, “It beats imagination that the Federal Republic of Nigeria and the Office of the Attorney General of the Federation with presumably thousands of lawyers took almost one month after being served a fundamental rights suit to prepare a counter-affidavit.”

The case was late last week assigned for hearing to Abia High Court 1, which is presided over by the chief judge of the state. Our checks revealed that the next hearing date is yet to be set.

A lawyer in the state ministry of justice, on condition of anonymity, said, “The assignment of the case to the chief judge of the state demonstrates that the High Court considers the case to be of high priority.”

Among other reliefs, the suit is aimed at releasing Kanu from detention and stopping his prosecution.