Some group of lawyers and senior advocates of Nigeria led by Barrister Aloy Ejimakor, Special Counsel to Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB) has sue the federal government of Nigeria and the Nigerian army for their illegal invasion of Nnamdi Kanu home and the killings of more than 25 innocent Biafrans in 2017.
However, the Abia State High Court sitting in Umuahia, has granted leave to Mazi Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB) to serve the Federal Government and seven other respondents processes in a fundamental human rights enforcement application his lawyer filed before Justice K. C. Okereke. The suit marked HIH/FR 14/2021, which was filed on Nnamdi Kanu’s behalf by his Special Counsel, Aloy Ejimakor.
Aloy Ejimakor filed the action through a motion ex-parte pursuant to Orders 3, 4 and 5 Rules of the Fundamental Human Rights (Enforcement Procedure) Rules 2009. Respondents in the suit are the Federal Government, Attorney General of the Federation, Chief of Army Staff, Brigade Commander, 14 Brigade, Nigerian Army Ohafia, Abia State, Inspector General of Police, Abia State Commissioner of Police, Director-General of State Security Services and Abia State Director of State Security Services.
Aloy Ejimakor told The Guardian newspaper that the material issued in the matter was the unbroken chain of infringements that began with the 2017 extrajudicial attempt on Nnamdi Kanu’s life in Umuahia, Abia State, his involuntary flight to safety/exile, his abduction in Kenya and his extraordinary rendition to Nigeria.
According to the words of Barrister Aloy Ejimakor; “These supervening issues have complicated Nnamdi Kanu’s prosecution and thus must be judicially dispensed with before any further prosecutorial action can proceed,” he stated.
He further urged the court to declare that the military invasion of the applicant’s building and premises at Isiama, Afaraukwu Ibeku, Umuahia in Abia State on 14th September 2017 by the respondents or their agents is illegal, unlawful, unconstitutional and amount to infringement of the applicant’s fundamental human right to life, dignity of his person, his personal liberty and fair hearing as guaranteed under the pertinent provisions of Chapter IV of the 1999 Constitution of Nigeria, and the African Charter on Human and People’s Rights (Ratification and Enforcement) Act.
He also wants the court to declare that the arrest of Nnamdi Kanu in Kenya by the respondents or their agents without due process of law is arbitrary, unconstitutional and amounts to infringement of the applicant’s fundamental right against arbitrary arrest, to his personal liberty and to fair hearing as enshrined and guaranteed under the Constitution.
According to the words of Barrister Aloy Ejimakor; “The torture and detention of the applicant in Kenya by the respondents or their agents is illegal, unconstitutional and amounts to infringement of the his fundamental human right against torture and to fair hearing, as guaranteed under the Constitution.
“A declaration that the expulsion of the applicant from Kenya to Nigeria by the respondents or their agents and their consequent detention and planned prosecution of the applicant in charge No: FHC/ABJ/CR/383/2015 (Federal Republic of Nigeria v. Nnamdi Kanu) is illegal, unconstitutional and amount to infringement of his fundamental human right against unlawful expulsion and detention, and to fair hearing, as guaranteed under the Constitution,” Barrister Aloy Ejimakor lamented.
Barrister Aloy Ejimakor consequently prayed the court to make some orders, namely to restrain the respondents or their agents from taking any further step in the prosecution of the applicant in charge No: FHC/ABJ/CR/383/2015.
He urged the court to compel the respondents or their agents to release the applicant from detention and restore his liberty, which should be his state of being as of June 19, 2021; and to send him to his country of domicile which is Britain to await the outcome of any formal request for his lawful extradition to Nigeria.
He also prayed the court to compel the respondents to issue an official letter of apology to the applicant for the infringement of his fundamental human rights and publish it in three national dailies.
The applicant also prayed for an order, compelling the respondents to jointly and severally pay the sum of N5 billion to Nnamdi Kanu, being monetary damages for the physical, mental, emotional, psychological and other damages he suffered as a result of the infringements of his fundamental human rights.
Justice K.C. Okereke, who is a vacation judge, while ordering that the applicant puts all the respondents on notice, fixed September 21, 2021 as the return date for the motion on notice to be heard. He ruled that the applicant should serve the respondents all the court processes through substituted service.
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