Godwin Tsa, Abuja
A Federal High Court sitting in Abuja has been approached to declare the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, a fugitive in the United Kingdom.
In addition, the court is also asked by the plaintiff, Mr. Donald Okonkwo, to order his arrest and repatriate him from his hiding place in Great Britain back to Nigeria to stand his trial within 21 days.
The suit has the British High Commission in Nigerian, the Directorate of State Services and the Attorney General of the Federation as defendants.
The suit filed by counsel for the plaintiff, Abiodun Babalola, prayed the court to among others determine “whether the 1st defendant (The UK), is not under obligation to repatriate the IPOB separatist leader, Mazi Nnamdi Kanu, being a fugitive cum terrorist from Great Britain where he has been hiding since September 2017 under the cover of his citizenship status back to Nigeria so that he can stand his trial for treasonable felony, amongst other sundry offences, pending against him before Hon Justice (Mrs.) Binta Nyako of the Federal High Court Abuja?
“Whether by a true interpretation of Sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013 the 2nd defendant has not abdicated his duties by failing, neglecting or omitting to arrest and extradite the IPOB separatist leader, Mazi Nnamdi Kanu, from Great Britain back to Nigeria so he can stand his trial for treasonable felony, amongst other sundry offences, considering the bench warrant issued on 28th March, 2019 by Hon Justice (Mrs.) Binta Nyako of the Federal High Court, Abuja for the arrest of Mazi Nnamdi Kanu after it was determined that he flouted his bail conditions?
“Whether the 3rd defendant, as the Chief Law Officer of the Federation is not under a statutory duty to advise the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria to severe diplomatic relations with the 1st defendant for harbouring Mazi Nnamdi Kanu being a fugitive cum terrorist in Great Britain and whether the failure of the 3rd defendant does not amount to abdication of his duties under the Terrorism (Prevention) (Amendment) Act, 2013?
He also asked the court to make the following declarations.
.A Declaration that the British High Commission, that is, the 1st defendant is under obligation to repatriate the IPOB separatist leader, Mazi Nnamdi Kanu, being a fugitive cum terrorist from Great Britain where he has been hiding since September 2017 under the cover of his citizenship status back to Nigeria so he can stand his trial for treasonable felony, amongst other sundry offences, pending against him before Hon Justice (Mrs.) Binta Nyako of the Federal High Court, Abuja.
.A Declaration that by a true interpretation of Sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013 the 2nd defendant has abdicated his duties by failing, neglecting or omitting to arrest and extradite the IPOB separatist leader, Mazi Nnamdi Kanu, from Great Britain back to Nigeria so he can stand his trial for treasonable felony, amongst other sundry offences, considering the Bench Warrant issued on 28th March 2019 by Hon Justice (Mrs.) Binta Nyako of the Federal High Court Abuja for the arrest of Mazi Nnamdi Kanu after it was determined that he flouted his bail conditions.
.A declaration that the 3rd defendant as the Chief Law Officer of the Federation is under a statutory duty to advise the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria to sever diplomatic relations with the 1st defendant for harbouring Mazi Nnamdi Kanu being a fugitive cum terrorist in Great Britain and that his failure to so advise amount to abdication of his duties under the of the Terrorism (Prevention) (Amendment) Act, 2013.
.An order compelling the 1st & 2nd defendants to forthwith arrest and repatriate Mazi Nnamdi Kanu from wherever he is hiding in Great Britain back to Nigeria to stand his trial within 21 days from the date of delivery of judgment in this suit.
.An order directing the 1st defendant to tender public apology to the Federal Republic of Nigeria in three) national dailies within 21 days from the date of delivery of judgment in this suit for her complicity in facilitating the escape from justice and harbouring of Mazi Nnamdi Kanu in the Great Britain, thereby allowing him to cause innocent Nigerian citizens serious emotional trauma through the instrumentality of incessant threat of violence, breach of peace and overthrow of the legitimate government in Nigeria.