The government accused Kanu of threatening the peaceful co-existence of the country.
It also noted that the sub-regional court lacked, “the requisite jurisdiction” to hear and determine the matter before it.
The FG also asked the court to immediately dismiss and/or strike out the action for want of jurisdiction, “stemming from incompetency in initiating the application against the defendants.”
The government noted that instead of waiting for conclusion of his application before the Nigerian Domestic Court of Appeal on his bail, the plaintiff proceeded to the ECOWAS court, a move it stated, amounted to, “an abuse of court process or subjecting the Nigerian law to ridicule.
Faulting the inclusion of the Attorney General of the Federation and the Director General of State Security Service as defendants in the suit, the government stated that in the context and framework of ECOWAS, only member states and community institutions can be sued before the sub-regional court for alleged human rights violation.
It submitted that the court has no jurisdiction over the two defendants because they, “are neither member -states or community institutions of ECOWAS and therefore, not amenable to the jurisdiction of the community court of justice”. Click to signup for FREE news updates, latest information and hottest gists everyday
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