An Abia State High Court presided over by Hon. Justice Benson Anya in Umuahia, the state capital, on Wednesday, January 19, 2022 awarded N1 billion damage in favour of the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government.
Kanu, through his lawyer, Aloy Ejimakor had approached the court seeking N5 billion damage against the Federal Government over the alleged invasion of his father’s house on September 10, 2017 by the military.
Hon. Justice Anya described the invasion of Kanu’s Afaraukwu residence as notorious and brazen.
He however struck out other reliefs sought by Kanu’s legal team, including his repatriation from Kenya and continued detention by the DSS.
The presiding judge also granted the relief sought by Kanu’s legal team, ordering the Federal Government to issue a public apology in three national dailies over the illegal invasion of Kanu’s Afaraukwu residence.
He also advised the Federal Government to adopt a political resolution in dealing with issues involving Kanu.
The suit, which was initiated on 27th August, 2021, seeks the following orders:
1, A DECLARATION that the military invasion of Mazi Nnamdi Kanu’s home in Abia State in September 2017 by the Nigerian government is illegal, unlawful, unconstitutional and amounts to infringement of his fundamental rights to life, dignity of his person, his personal liberty and fair hearing as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.
2, A DECLARATION that the arrest of Mazi Nnamdi Kanu in Kenya by agents of the Nigerian government without due process of law is arbitrary, illegal, unlawful, unconstitutional and amounts to infringement of his fundamental rights against arbitrary arrest, to his personal liberty and to fair hearing as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.
3, A DECLARATION that the torture and detention of Mazi Nnamdi Kanu in Kenya by agents of the Nigerian government is illegal, unlawful, unconstitutional and amounts to infringement of the his fundamental rights against torture and to fair hearing, as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.
4, A DECLARATION that the expulsion of Mazi Nnamdi Kanu from Kenya to Nigeria by the Nigerian government and his consequent detention and planned prosecution in Charge No: FHC/ABJ/CR/383/2015 (Federal Republic of Nigeria v. Nnamdi Kanu) is illegal, unlawful, unconstitutional and amount to infringement of his fundamental rights against unlawful expulsion and detention, and to fair hearing, as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.
5, AN ORDER OF INJUNCTION restraining the Nigerian government from taking any further step in the prosecution of Mazi Nnamdi Kanu in Charge No: FHC/ABJ/CR/383/2015 (Federal Republic of Nigeria v. Nnamdi Kanu) pursuant to his unlawful his expulsion from Kenya to Nigeria.
6, AN ORDER mandating and compelling the the Nigerian government to forthwith release Mazi Nnamdi Kanu from detention and to restore him to his liberty, same being his state of being as of 19th June, 2021; and to thereupon repatriate him to Britain, his country of domicile and citizenship.
7, AN ORDER mandating and compelling the the Nigerian government to issue an official Letter of Apology to Mazi Nnamdi Kanu for the infringement of his fundamental rights and publication of said Letter of Apology in three (3) national dailies.
