Research Places Ejimakor Ahead Of Ozekhome, Others In Kanu/IPOB Litigations

A research group, the Independent Legal Documentation Unit For Public Dissemination, has placed the Special Counsel for the Indigenous People of Biafra, Barr Aloy Ejimakor, ahead of other lawyers that have been representing IPOB and its leader, Mazi Nnamdi Kanu, in courts.

The group, in a research released to the media, entitled “Legal Advocacy and Judicial Victories in the Matter of Mazi Kanu (Leader, Indigenous People of Biafra)”, appraised the contributions of the lead counsel in the case before arriving at its conclusions. It stated that, “Ejimakor’s landmark victories demand national and international celebration”.

According to it, “Ejimakor has secured more favourable judgments, substantial damages awards, declarations of illegality, interim measures and landmark precedents than any other counsel in these matters. His contributions stand as defining milestones in Nigerian constitutional and human rights jurisprudence, as well as at the regional African level.”
According to the group, Ejimakor initiated and won six major cases, including three domestic judgments with cumulative damages awards (totalling ₦9.5 billion), one pivotal regional African interim measure, and two international advocacy successes. “No other counsel has matched this volume on core issues such as military invasion, extraordinary rendition, unlawful proscription of IPOB, and persecution through arrest and trial.”

The group listed them to include the ruling of Abia State High Court, Umuahia, presided over by Justice Benson Anya partaining to the fundamental rights enforcement suit concerning the 10th September 2017 military invasion of Kanu’s ancestral home during Operation Python Dance II where the court declared the operation unlawful, and awarded ₦1 billion in damages (with an order for apology in some reports).

It also mentioned the Federal High Court, Umuahia Division ruling, presided over by Justice Evelyn Anyadike, concerning the extraordinary rendition suit arising from the June 2021 abduction in Kenya. In the case, quoting the group, “Kanu’s rendition was declared unlawful; ₦500 million damages awarded, and the federal government was ordered to restore Kanu to pre-rendition status and cease prosecution on that basis”

The group further acknowledged the suit at the Federal High Court, Enugu, of October 2023, presided over by Justice A.O. Onovo, challenging the 2017 proscription of IPOB as a terrorist organisation. The court had declared that it was unconstitutional for the South-East Governors’ Forum and Federal Government to have proscribed IPOB, and ordered the accused to pay ₦8 billion compensation.

It also recalled that Ejimakor filed the petition concerning the trial of Nnamdi Kanu, the proscription of IPOB, and Operation Python Dance at the African Commission on Human and Peoples’ Rights (African Union) – Interim Decision/Provisional Measures of 8 March 2018
Communication/petition where the Commission declared the actions of the Nigerian Government (including proscription of IPOB, arrest and prosecution of Kanu) as violations of the African Charter on Human and Peoples’ Rights, and issued a ‘cease and desist’ directive to then-President Muhammadu Buhari to stop further persecution, arrests and prosecutions in order to prevent irreparable injury to Kanu and IPOB. The group declared the verdict as “rare regional African interim ruling directly restraining a sitting Nigerian Head of State from continued persecution of a self-determination movement”.

The research group further recalled Ejimakor’s role in the outcome of the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions – Christine Callamard (2017–2018 Reports) Communications and findings on killings and violations during Operation Python Dance II where Nigerian security forces’ actions were criticised at the highest UN level.

Ejikamor, continues the group, was the lead counsel at the United Nations Special Rapporteur Reports (Post-Rendition, 2021–2022) which made additional findings on arbitrary detention and rendition violations. The act attracted international condemnation of Nigerian actions, said the group.

The researchers acknowledged the records of other counsel in Kanu and IPOB’s legal foray. Quoting it, “Barr Ifeanyi Ejiofor secured bail from Justice Binta Nyako (2017). Mike Ozekhome SAN obtained the Court of Appeal discharge and acquittal. Barr Egbule, Vincent Obetta and Agim SAN secured early 2015 Magistrates’ Court and Federal High Court release orders (later defied).

“Prof P.L.O. Lumumba secured the Kenya High Court judgment, in which Justice E.C. Mwita declared Kanu’s abduction, incommunicado detention, torture and forcible rendition unlawful/unconstitutional and awarded Kshs 10 million (approximately ₦110–122 million at the time) in general damages against the Kenyan Government.”

The group also recognised the advice of Bruce Fein on the UN Working Group Opinion (2022).

It stated that, “Each of these contributions is valuable; however, none equals the breadth or number of victories secured by Barrister Aloy Ejimakor.”

The group however bemoaned the disobedience to the rulings by the federal government. Quoting it, “Virtually all of the above victories were disobeyed by the Federal Government and its agencies. Nevertheless, they constitute binding judicial precedents, authoritative regional interim measures and international opinions that affirm the supremacy of the rule of law over executive impunity. Barrister Ejimakor’s persistence in the face of such defiance has carved out an indelible legacy for constitutional democracy in Nigeria and the protection of human and peoples’ rights across Africa.”

The group said Ejimakor had demonstrated “unmatched legal acumen, courage and strategic brilliance in the service of Mazi Nnamdi Kanu and IPOB”, adding that, “His record of more victories is not merely statistical; it is a testament to excellence in human rights advocacy at both national and continental levels.” It said Ejimakor deserved to “be inscribed among Nigeria’s and Africa’s foremost champions of the rule of law”.