A federal high court sitting in Abuja has been asked to declare the leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu a fugitive in the United Kingdom.
Apart from being declared a fugitive, the court is also being asked to order his arrest and repatriation from wherever he is hiding in Great Britain back to Nigeria to stand his trial within 21 days.
The plaintiff, Mr. Donald Okonkwo, joined the British High Commission in Nigeria , the Directorate of State Services and the Attorney General of the Federation as defendants in the case.
In the suit, the plaintiff, through his counsel Abiodun Sodiq Babalola Esq. prayed the court to determine the following issues:
*Whether the 1st Defendant is not under obligation to repatriate the IPOB separatist leader, Mazi Nnamdi Kanu, being a fugitive cum terrorist from the 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 Honourable 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 the 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 Honourable 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 the Great Britain and whether the failure of the 3rd Defendant does not amount to abdication of his duties under the of 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 the 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 Honourable 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 the 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 Honourable 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 the 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 the Great Britain back to Nigeria to stand his trial within 21 (Twenty One) 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 3 (Three) national dailies within 21 (Twenty One) 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.
In the affidavit in support of the originating summons, deposed to, nyvthe plaintiff, he said:
*That I know as a fact that Mazi Nnamdi Kanu was arrested by officers of the 2nd Defendant in 2015 for his secessionist activities and is standing trial for treasonable felony, publication of defamatory matter against the President of Nigeria and other sundry offences before the Federal High Court, Abuja presided over by Honourable Justice (Mrs.) Binta Nyako.
*That Mazi Nnamdi Kanu was admitted to bail after spending two years in custody upon plea that he was ill on 25th April, 2017, subject to the fulfillment of certain terms, one among which is to provide a reliable surety who must be a Senator of the Federal Republic of Nigeria representing his Senatorial District.
*That consequent upon the above condition, Senator Enyinnaya Harcourt Abaribe, the Senator representing Abia South Senatorial District of Abia State, Tochukwu Uchendu and Jewish Chief High Priest Immanuel –El Shalom Oka-Ben Madu perfected the bail bond which facilitated the release of Mazi Nnamdi Kanu.
*That upon the perfection of the bail and consequent release of Mazi Nnamdi Kanu from prison custody, he constantly flouted all the bail conditions to wit; granting press interviews while on bail, participating in rallies, or being found in a crowd of more than ten persons whilst his bail subsisted.
*That to make matters worse, Mazi Nnamdi Kanu eventually disappeared to the Great Britain in September, 2017 in an attempt to escape trial and the arm of the law after a week of high profile clashes between his group, Indigenous People of Biafra (IPOB) and the Nigerian Army.
*That IPOB was designated a terrorist organization by the Federal Government of Nigeria on 18th September, 2017, leading to proscription of its activities.
*That on 20th September, 2017 the Federal High Court sitting in Abuja equally proscribed IPOB making the existence of the organization under any name or guise illegal in Nigeria.
*That I know as a fact that Mazi Nnamdi Kanu whose followers claimed was secretly abducted by the Nigerian Army has been hiding in the Great Britain in an attempt to escape justice and was pictured months later praying at the Wailing Wall of Jerusalem, Israel on 19th October, 2018.
*That I know as a fact that the illegal disappearance of Mazi Nnamdi Kanu from the shores of Nigeria to the United Kingdom would not have been possible if not for gross display of negligence on the part of the 3rd Defendant as well as complacency of the 1st Defendant which aided the illegal travel of Mazi Nnamdi Kanu considering the fact that he holds citizenship of the 1st Defendant.
*That I also verily believe that the action of the 1st Defendant arranging and facilitating the illegal travels of Mazi Nnamdi Kanu is a calculated to ensure that he escapes justice and to continue to perpetuate acts of terrorism against Nigeria to wit; arranging, managing and participating in meetings with other terrorists organizations across the globe as well as receiving support from them for purposes of dislodging the government of Nigeria.
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