Abia court delivers judgement on Kanu’s suit against FG, seven others January 19

Mr. Justice Benson Anya of the Abia State High Court has scheduled to deliver judgement on Wednesday, January 19, 2022 on the fundamental rights suit marked HIN/FR/14/2021 filed by the IPOB leader, Mazi Nnamdi Kanu, against the Federal Government and seven other defendants.

Other defendants besides the Federal Goverment are the Attorney General of the Federation, Chief of Army Staff, Brigade Commander, 14 Brigade, Nigerian Army Ohafia, Abia State; Inspector General of Police; Commissioner of Police Abia State; Director-General, Department of State Security Services and Abia State Director, Department of State Security Services.

The court had on December 10, 2021 concluded hearings on the suit filed on behalf of Kanu by his special counsel, Mr. Aloy Ejimakor on August 27, 2021, urging the court to make four declarations and issue three orders.

The declarations were that the military invasion of Kanu’s home in Abia State in September 2017 by the Nigerian government is illegal, unlawful, unconstitutional and amounts to infringement of his fundamental rights to life, dignity of his person, his personal liberty and fair hearing as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.

“The arrest of Kanu in Kenya by agents of the Nigerian government without due process of law is arbitrary, illegal, unlawful, unconstitutional and amounts to infringement of his fundamental rights against arbitrary arrest, to his personal liberty and to fair hearing as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.

“The alleged torture and detention of Kanu in Kenya by agents of the Nigerian government is illegal, unlawful, unconstitutional and amounts to infringement of the his fundamental rights against torture and to fair hearing, as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.

“Kanu’s expulsion from Kenya to Nigeria by the Nigerian government and his consequent detention and prosecution in charge No: FHC/ABJ/CR/383/2015 (Federal Republic of Nigeria v. Nnamdi Kanu) is illegal, unlawful, unconstitutional and amount to infringement of his fundamental rights against unlawful expulsion and detention, and to fair hearing, as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.”

According to Ejimakor, Kanu also seeks an order of injunction restraining the Nigerian government from taking any further step in the prosecution of Kanu in charge No: FHC/ABJ/CR/383/2015 (Federal Republic of Nigeria v. Nnamdi Kanu) pursuant to his unlawful expulsion from Kenya to Nigeria.

“An order mandating and compelling Nigerian government to forthwith release Kanu from detention and restore him to his liberty as was the case on June 19, 2021; and to thereupon repatriate him to Britain, his country of domicile and citizenship.

Order mandating and compelling the Nigerian government to issue an official Letter of Apology to Kanu for the infringement of his fundamental rights and publication of the said Letter of Apology in three national daily newspapers,” he prayed.