By Cajetan Mmuta, Awka
An Abia State High Court sitting in Umuahia, on Tuesday granted leave to the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu, to serve the Federal Government and seven other respondents, processes in a fundamental rights enforcement application he filed before Justice K. C. Okereke.
The suit marked HIH/FR 14/2021, was filed on Kanu’s behalf by his Special Counsel, Aloy Ejimakor. Ejimakor for motion ex-parte pursuant to Orders 3, 4, and 5 Rules of the Fundamental Rights (Enforcement Procedure) Rules 2009.
Respondents in the suit are the Federal Government, Attorney General of the Federation (AGF), Chief of Army Staff, Brigade Commander, 14 Brigade, Nigerian Army Ohafia, Abia State, Inspector General of Police (IGP), Commissioner of Police Abia State, Director-General, State Security Services, and Abia State Director, State Security Services.
Ejimakor said the material issue in the matter was the unbroken chain of infringements that began with the 2017 extrajudicial attempt on Kanu’s life in Abia State; his involuntary flight to safety/exile; his abduction in Kenya and his extraordinary rendition to Nigeria.
He said: “These supervening issues have complicated Kanu’s prosecution and thus must be judicially dispensed with before any further prosecutorial action can proceed”.
He urged the court to declare that the military invasion of the applicant’s building and premises at Isiama, Afaraukwu Ibeku, Umuahia on September 10, 2017, by the respondents or their agents is illegal, unlawful, unconstitutional and amount to infringement of the applicant’s fundamental right to life, the 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 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.
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“The torture and detention of the applicant in Kenya by the respondents or their agents is illegal, unconstitutional and amounts to infringement of his fundamental right against torture and to a 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 right against unlawful expulsion and detention, and to a fair hearing, as guaranteed under the Constitution,” he prayed.
