IPOB LEADER, NNAMDI KANU FLOORS FG AGAIN
Slams Malami With N100b Suit Over Rights Violations.
It was yet another judicial victory in about one week for the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu on Wednesday.
This time, the federal High Court sitting in Umuahia, Abia State has ordered the Nigerian Federal government of President Mohammadu Buhari to return the IPOB leader, Kanu who is in the custody of the Department of State Services (DSS), to Kenya where he was illegally and forcefully abducted and extraordinarily renditioned to Nigeria.
Presiding Justice Evelyn Anyadike while delivering the judgement, relied on the 13th October, 2022 decisions of the Court of Appeal, Abuja Division which discharged the Kanu (Applicant) of all the charges, and consequently awarded N500million cost in favour of Kanu, as general damages.
The Court held that Kanu's extraordinarily rendition from Kenya on June 19th, 2021 by the Nigerian Federal government was a flagrant abuse on his fundamental human rights, and a violation of all international treaties and protocols.
Justice Anyadike who frowned at the actions of the Federal government agents in the entire abduction and rendition episode, noted that the burden of poof was on the FG (Respondents) to justify their action, but which they failed to achieve.
Outside the Courtroom in Umuahia, Kanu's Counsel, Alloy Ejimakor who addressed the Press urged the Federal government to obey all the Court judgements freeing Mazi Nnamdi Kanu and immediately return him to Kenya.
In another development, Kanu's lawyers have filed a suit at the Abuja Federal High Court, seeking a N100 billion in damages against Nigeria's Attorney General of the Federation, Abubakar Malami for violating the right to dignity of human person, personal liberty and right to freedom of movement of the IPOB leader.
In the Originating Summons, Kanu who is still being held by the DSS several days after being discharged of all the 15-count charges on Terrorism and treasonable felony by the Court of Appeal, is asking the Abuja Federal High Court to order his immediate release from the unlawful facility of the Department of State Services (DSS), following the failure of the Federal government to implement the October 13, 2022 judgment of the appellate court.
Others named as defendants in the suit are the Federal government of Nigeria as the 1st Respondent, Department of State Security Services (DSS) and the Director of the State Security Service as the 3rd and 4th Respondents, respectively.
In the latest suit, Nnmadi Kanu is seeking a declaration of the Court that his continued detention by the Respondents, from 13th October, 2022 when the Court of Appeal freed him of all the charges against him, till date, is illegal, unlawful, oppressive, unconscionable, and unconstitutional as it violates the Applicant’s Fundamental Rights to Dignity of Human Persons, Personal Liberty and Right to Freedom of Movement as guaranteed by Sections 34, 35, 36, 39, and 41 of the 1999 Constitution of the Federal Republic of Nigeria (As Amended) 2011.
Kanu is also asking for an order of the Court directing the Respondents to unconditionally release him from their custody forthwith, while equally seeking a restraining order against the Respondents and their agents from further inter feeing with his rights or dealing with him in a manner inimical to his Fundamental Rights guaranteed by the 1999 Constitution of the Federal Republic of Nigeria (As Amended) 2011.
Nnamdi Kanu further wants the Respondents to tender unreserved public apology to the him in two National Dailies, and any other forms of reparation that the Honourable Court may deem fit to grant.
No date has been fixed for the hearing of the suit.