IPOB leader drags govt to court over refusal to comply with order
Alex Enumah in Abuja and Emmanuel Ugwu-Nwogo in Umuahia
The Federal High Court in Umuahia, Abia State, yesterday ordered the federal government to halt the ongoing prosecution of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, and return him to Kenya, where he was illegally arrested and brought to Nigeria.
The court, which gave the verdict also ordered the federal government to pay the embattled Biafra activist N500 million in damages following the violation of his rights, the torture and humiliations he was subjected to in the course of the extraordinary rendition.
But Kanu has dragged the federal government to court over its refusal to comply with the judgment of the Court of Appeal that discharged him from terrorism allegations.
Justice Evelyn Anyadike, gave the order while delivering judgement in a case of abduction and extraordinary rendition brought against the federal government by Kanu through his special counsel, Aloy Ejimakor.
The judge held that the federal government and its agents acted illegally in the operation that resulted to the abduction and forceful return of Kanu to Nigeria on June 19, 2021.
The IPOB leader’s counsel had in the suit averred that his abduction and extraordinary rendition without due process was illegal and a gross violation of his fundamental human rights.
To redress the myriads of violations that came with the extraordinary rendition, Kanu demanded N25 billion as damages and an order on the federal government to take him back to Kenya or Britain, where he resides.
In its defence, the government through its counsel, Idris raised preliminary objections, and argued that the matter had already been disposed of by an Abia High, adding that the Federal High Court Umuahia lacked jurisdiction to hear the case.
But Justice Anyadike, in the ruling, disagreed and struck out the preliminary objections, saying where an incident occurred in two states any federal high court in either of the states had jurisdiction over the matter, pointing out that that the violation of Kanu’s rights started at his home in Afaraukwu Umuahia and was extended to Kenya in East Africa.
The Court also held that Kanu’s lawyer had successfully established a case of torture against his client, which the defendants laboured in vain to counter.
In awarding the N500 million damages to Kanu, the Court held that in the course of his extraordinary extradition, Kanu had been “exposed to global ridicule, which requires global cleansing”.
The two defendants, the federal government and the Attorney General and Minister of Justice, Abubakar Malami were not represented during the judgment. But Kanu’s Counsel, Ejimakor thanked the court for giving justice to the IPOB leader.
Meanwhile, Kanu, in the new suit filed before a Federal High Court in Abuja, has also sought compensation in the sum of N100 billion on the grounds that his continued detention by the federal government violated his fundamental rights as guaranteed by the Nigerian Constitution.
Displeased with the conduct of the federal government, Kanu then filed a fresh suit marked FHC/ABJ/CS/1945/2022, challenging his continued detention.
In the suit dated October 21, he also asked for N100 billion as damages for the violation of his fundamental human rights.
Additionally, he asked for “a declaration that the continued detention of the applicant by the respondents, from October 13, 2022, 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.
“An order of this honourable court directing the respondents to unconditionally release the applicants from their custody forthwith. An order of injunction restraining the respondents, their ages, privies, assigns or howsoever called, from further interfering with the Applicant’s rights, and/or dealing with the Applicant in a manner inimical to his fundamental rights guaranteed by the 1999 Constitution as amended, 2011.
“Compensatory and exemplary damages of N100,000,000,000.00, against the respondents for the gross violation of the applicant’s fundamental rights to dignity of the human person, personal liberty and freedom of movement.”
Kanu also wants the court to issue an order “directing the respondents to tender an unreserved public apology to the applicant in two national dailies and any other forms of reparation that the honourable court may deem he to grant.”
The Federal Republic of Nigeria, the Attorney-General of the Federation (AGF), the Department of State Services (DSS) and its director-general were joined as defendants in the suit.
