An Abia State High Court presided over by Justice K. C. J. Okereke, has adjourned hearing on a suit filed by Aloy Ejimakor, lawyer to the detained leader of the outlawed Indigenous People of Biafra, Nnamdi Kanu, till October 7, 2021.
The adjournment followed the action of the Federal Government of Nigeria and five other respondents in the case who have yet to file their responses to the suit.
The respondents include the Federal Government of Nigeria (1st), Attorney General of the Federation (2nd), Chief of Army Staff (3rd), Inspector General of Police (5th), Director General, State Security Services (7th) and three others.
Kanu, through his lawyer, Ejimakor, had in a suit marked, no HIH/FR14/2021, filed on September 7, asked the court to award him N5bn as damages for the breach of his fundamental human rights which began with the 2017 extrajudicial attempt on his life in Abia, his involuntary flight to safety/exile, his abduction in Kenya, and his extradition to Nigeria.
The suit, is demanding among other claims, that Kanu be returned to Kenya where he was allegedly extradited from and subsequently to Britain where he was residing.
Kanu is also seeking N5 billion damages for alleged gross violation of his fundamental rights.
Other prayers are, “A declaration that the military invasion of the Applicant’s building and premises at Isiama, Afaraukwu Ibeku, Abia State on 10th September 2017 by the respondents or their agents is illegal, unlawful, unconstitutional and amount to infringement of the applicant’s fundamental right to life, dignity of his person, his personal liberty and fair hearing as guaranteed under the pertinent provisions of Chapter IV of the Constitution of Federal Republic of Nigeria, 1999 (hereafter, CFRN) and the African Charter on Human and People’s Rights (Ratification and Enforcement) Act (hereafter, the Charter).
“A declaration that the arrest of the applicant in Kenya by the respondents or their agents without due process of law is arbitrary, illegal, unlawful, 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 pertinent provisions of CFRN and the Charter.
“A declaration that the torture and detention of the Applicant in Kenya by the Respondents or their agents is illegal, unlawful, unconstitutional and amounts to infringement of the Applicant’s fundamental right against torture and to a fair hearing, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter.
”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, unlawful, unconstitutional and amount to infringement of the Applicant’s fundamental right against unlawful expulsion and detention, and to a fair hearing, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter.
”An order of injunction restraining the respondents or their agents from taking any further step in the prosecution of the Applicant in Charge No: FHC/ABJ/CR/383/2015 (Federal Republic of Nigeria v. Nnamdi Kanu) pursuant to said unlawful expulsion of the Applicant from Kenya to Nigeria.
”An order mandating and compelling the respondents or their agents to forthwith release the applicant from detention and restitute or otherwise restore applicant to his liberty, same being his state of being as of 19th June 2021; and to thereupon repatriate the applicant to his country of domicile (to wit: Britain) to await the outcome of any formal request the Respondents may file before the competent authorities in Britain for the lawful extradition of the Applicant to Nigeria to continue his prosecution in Charge No: FHC/ABJ/CR/383/2015 (the Federal Republic of Nigeria v. Nnamdi Kanu.
”An order mandating and compelling the respondents to issue an official letter of apology to the applicant for the infringement of his fundamental rights, and publication of said Letter of apology in three national dailies.
”An order mandating and compelling the respondents to pay the sum of N5 billion to the applicant, being monetary damages claimed by the applicant against the respondents jointly and severally for the physical, mental, emotional, psychological and other damages suffered by the applicant as a result of the infringements of Applicant’s fundamental right.”
When the case came up for hearing on Tuesday, the Federal Government and other respondents were absent in court.
Also, the respondents have also not filed their responses to the suit.
The judge, Justice K. C. J. Okereke subsequently adjourned the case till October 7 to allow the other respondents file in their responses.
In making his ruling for adjournment of the matter, the judge noted that Kanu shall be entitled to certain reliefs against any party that fails to timely respond to the suit.
