- The judge directed the counsel to check for similar actions in other courts and issued a hearing notice for the next adjourned date. Kanu alleges violation of his rights, claiming he was kidnapped in Kenya and brought back to Nigeria for trial
A N50 billion lawsuit against the Nigerian government by Nnamdi Kanu, the detained leader of the Indigenous People of Biafra, was adjourned on Monday by a Federal High Court in Abuja.
Justice Inyang Ekwo granted the adjournment after Aloy Ejimakor, Kanu’s lawyer, filed a notice for a change of counsel, taking over from Chief Mike Ozekhome, SAN.
The judge directed the counsel to check for similar actions in other courts and issued a hearing notice for the next adjourned date. Kanu alleges violation of his rights, claiming he was kidnapped in Kenya and brought back to Nigeria for trial.
His request is for the court to decide “whether the way and manner in which the plaintiff was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws.”
Specifically, he referred to “the provisions of Article 12 (4) of the African Charter on human and peoples rights (ratification and enforcement) Act Cap A9 laws of the Federation of Nigeria, 2004, and Article/Part 5 (a) of the African Charter’s principles and guidelines on human and peoples’ rights while countering terrorism in Africa.”
According to the News Agency of Nigeria (NAN), Kanu filed a lawsuit against the Federal Republic of Nigeria (FRN) and the Attorney-General of the Federation (AGF) as the first and second defendants in the case FHC/ABJ/CS/462/2022.
Kanu, who sued the defendants on charges of violation of his rights, claimed that he was kidnapped in Kenya and transported back to Nigeria to stand trial.
He wants the court to determine “whether the way and manner in which the plaintiff was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws.”
Particularly, he cited “the provisions of Article 12 (4) of the African Charter on human and peoples rights (ratification and enforcement) Act Cap A9 laws of the Federation of Nigeria, 2004, and Article/Part 5 (a) of the African Charter’s principles and guidelines on human and peoples’ rights while countering terrorism in Africa.”
Kanu also wants the court to determine “whether by the operation of Section 15 of the Extradition Act Cap E25, Laws of the Federation of Nigeria 2004, the plaintiff can be competently/legally tried for offences stated in counts 1 to 14 of the 15-count amended charge in charge number FHC/ABJ/CR/383/2015 between Federal Republic of Nigeria v. Mazi Nnamdi Kanu.”
He said the counts “are not the offences for which he was surrendered or extraordinarily renditioned to Nigeria.”
In the originating summons, the IPOB leader is seeking 11 reliefs, including an order for his release from Department of State Services (DSS)’ custody.
He is also seeking an order restraining the defendants from taking any further step to prosecute him over criminal charge no: FHC/ABJ/CR/383/2015, currently pending before a sister court presided over by Justice Binta Nyako.
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