From Godwin Tsa, Abuja
Detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu has slammed a N100 billion fundamental right action suit against the Federal Government as damages for his continued detention in defiance to the judgment of the Court of Appeal.
The appellate court had, in its judgment of October 13, discharged Kanu of the terrorism charges against him and, consequently, prohibited the federal government from further detaining him, and/or subjecting him to further trial or prosecution by any court in Nigeria.
Although the federal government has appealed the judgment at the Supreme Court and equally filed a motion for stay of execution of the judgment, Kanu, in his fundamental rights enforcement suit, is demanding his immediate release from the unlawful facility of the Department of State Services (DSS) and payment of N100 billion as reparation for the gross violation of his rights to liberty and dignity of human persons.
The IPOB leader is contending that following the judgment of the Court of Appeal, which in effect struck out the retained seven count charge, hitherto, pending against him, there is no existing order of a court of law, which presently sanctions or legitimises his continued detention, as all courts of first instance in Nigeria had effectively, from October 13, 2022, divested of all jurisdictional powers to either issue orders in respect, thereto, or even undertake any further criminal trial/prosecution against him.
In the originating court process filed by his lead counsel, Prof. Mike Ozekhome, SAN, dated October 21, he is seeking unconditional release from custody. In Suit No. FHC/ABJ/CS/1945/2022, Kanu maintained that his solitary confinement in DSS custody is in flagrant disobedience to the orders as contained in the judgment of the Court of Appeal.
The suit is supported by a six paragraph affidavit, deposed to by Chimuanya Emenari, a lawyer in the law firm of Ifeanyi Ejiofor.