Following his extradition from Kenya in June 2021, detained Indigenous People of Biafra (IPOB) leader Nnamdi Kanu has filed a N25 billion suit in a Federal High Court in Umuahia, Abia State, seeking the enforcement of his fundamental human rights, which he claims have been violated by the Federal Government.
Kanu is asking the court to declare that “his detention in Kenya by the Nigerian Government and its agents without due process of law is arbitrary,” according to a lawsuit filed by his Special Counsel, Aloy Ejimakor.
“A declaration that the Applicant’s detention in a non-official secret facility in Kenya and the Respondents’ agents’ torture of the Applicant in Kenya is illegal, unlawful, unconstitutional, and amounts to infringement of the Applicant’s fundamental right against unlawful detention, torture, and to a fair hearing, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter,” according to the complaint.
The Federal Government, the President of the Federal Republic of Nigeria, and the Attorney General of the Federation are named as defendants in the claim.
“Today (25th March 2022), on behalf of Mazi Nnamdi Kanu, I am leading a team of Lawyers at the first hearing of the Fundamental Rights Enforcement suit I had brought before the Umuahia Division of the Federal High Court,” reads the full text of a press release and the Summons, signed and issued by Barr Ejimakor, entitled “RE: Nnamdi Kanu approaches Federal High Court, Umuahia to enforce his fundamental Rights Justice Evelyn Anyadike is hearing the case.
“The Suit is one-of-a-kind, with the primary goal of redressing Nnamdi Kanu’s notorious illegal deportation or extraordinary rendition, which is a blatant breach of his basic rights under Article 12(4) of the African Charter on Human and Peoples Rights.”
“In addition to the rendition, I’m asking the Court to address the slew of crimes that came with it, including torture, illegal imprisonment, and the denial of his right to a fair hearing, which is necessary by law before anybody is ejected from one country to another.
The lawsuit is one-of-a-kind, with the primary goal of redressing Nnamdi Kanu’s notorious illegal deportation or extraordinary rendition, which is a blatant breach of his basic rights under Article 12(4) of the African Charter on Human and Peoples Rights.
“In addition to the rendition, I’m asking the Court to address the slew of crimes that came with it, including torture, illegal imprisonment, and denial of his right to a fair hearing, which is necessary by law before somebody is ejected from one country to another.”
“You will remember that on January 19, 2022, the Abia State High Court found that a part of Kanu’s basic rights were violated in 2017.” Despite the fact that I had made accusations that bordered on rendition, the Court rejected jurisdiction, claiming that rendition, as it relates to extradition, is only the province of the Federal High Court.
“As a consequence of my reasoned determination that a new action before the Federal High Court would be the greatest avenue towards resolving this subject of rendition or wrongful expulsion and its legal implications on the Nigerian State’s prosecution authorities, this immediate complaint has been filed.”
“To be clear, Nnamdi Kanu’s unprecedented rendition resulted in legal repercussions that spanned many jurisdictions both in Nigeria and beyond. In the United Kingdom, Kenya, the United Nations, and the African Union, there are now new legal and diplomatic challenges that must be resolved. And, inside Nigeria, the rendition has widened the scope of the case well beyond the confines of the Abuja trial.
“I’d want to use this occasion to offer my heartfelt gratitude to the extremely capable and experienced legal team that I’m heading in the active prosecution of this complicated case. Barristers Patrick Agazie, Ohaeto Uwazie, and Mandela Umegborogu deserve special recognition.
“A DECLARATION that the Respondents’ agents’ arbitrary arrest of the Applicant in Kenya without due process of law is arbitrary, and that the Respondents’ enforced disappearance of the Applicant for eight (8) days and their refusal to produce the Applicant before a Kenyan Court for the purpose of Applicant’s extradition is illegal, unlawful, unconstitutional, and amounts to an infringement of the Applicant’s fundamental right against arbitrary arrest,” the suit claims
“A DECLARATION that the Applicant’s detention in a non-official secret facility in Kenya and the Respondents’ agents’ torture of the Applicant in Kenya are illegal, unlawful, and unconstitutional, and amount to an infringement of the Applicant’s fundamental right against unlawful detention, torture, and fair hearing, as enshrined and guaranteed under the CFRN and the Charter.”
“A DECLARATION that, in violation of Article 12(4) of the Charter, the Respondents’ expulsion (or extraordinary rendition) of the Applicant from Kenya to Nigeria without a decision made in accordance with Kenyan law is illegal, unlawful, and unconstitutional, and amounts to an infringement of the Applicant’s fundamental right to a fair hearing and not to be expelled from a State Party to the Charter unless a decision made in accordance with the law, as ens
“A DECLARATION that any criminal prosecution of the Applicant for the purpose of which the Respondents unlawfully expelled the Applicant from Kenya to Nigeria is illegal, unlawful, and unconstitutional, and amounts to a violation of the Applicant’s fundamental right to a fair hearing, as enshrined and guaranteed by the CFRN and the Charter.”
“AN ORDER OF INJUNCTION preventing and banning the Respondents from taking any further action in any criminal prosecution of the Applicant made possible by the Applicant’s wrongful deportation from Kenya to Nigeria.”
“AN ORDER mandating and compelling the Respondents to immediately restitute or otherwise restore the Applicant to his liberty, as of June 19, 2021; and to repatriate the Applicant to his country of lawful domicile (to wit: the United Kingdom) to await the outcome of any formal request the Respondents may make before the competent authorities in Britain for the lawful extradition of the Applicant to Nigeria.”
“AN ORDER directing and requiring the Respondents to provide a formal Letter of Apology to the Applicant for the violation of his basic rights, as well as the publishing of such Letter of Apology in three (3) national newspapers.”
“AN ORDER mandating and compelling the Respondents to pay the Applicant the sum of N25,000,000,000.00 (Twenty-Five Billion Naira) as monetary damages for the physical, mental, emotional, psychological, property, and other damages suffered by the Applicant as a result of the Respondents’ infringements of Applicant’s fundamental rights.”
