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D-Day as court rules on Kanu vs Federal Government

19th January 2022
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From Okey Sampson, Umuahia

Today is D-day as Abia State High Court, Umuahia, the state capital, delivers judgment in the fundamental human rights suit instituted against the Federal Government by the detained leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu.

The suit before Justice Benson Anya was initiated on August 27, 2021, by Aloy Ejimakor, special counsel to Kanu and IPOB, and it sought among other declarations: “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.

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“That the arrest of Nnamdi 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.

“That the 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.”

“That the expulsion of  Kanu from Kenya to Nigeria by the Nigerian government and his consequent detention and planned 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”.

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The suit is also sought an order of injunction restraining the Nigerian government from taking any further step in the prosecution of Nnamdi 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 the the Nigerian government to forthwith release  Kanu from detention and to restore him to his liberty, same being his state of being as of 19th June, 2021; and to thereupon repatriate him to Britain, his country of domicile and citizenship.

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“An 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 said Letter of apology in three  national dailies”.

After the suit was heard and concluded on the merits on December 10, last year, Justice Anya fixed January 19, 2022 for judgment.

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