Nnamdi Kanu, leader of the Indigenous People of Biafra
(IPOB), has sued the federal government seeking his unconditional release from
detention.
Kanu has been in detention since he was brought back from
Kenya on June 19, 2021.
The IPOB leader was subsequently re-arraigned on an amended
15-count charge.
On April 8, the judge struck out eight of the 15 counts in
the charge. The remaining seven counts were later quashed by the court of
appeal on October 13.
Delivering judgment in the appeal, a three-member panel of
the appellate court led by Hanatu Sankey held that the federal government
flouted the Terrorism Act in violation of international conventions and
treaties, hence, breaching the rights of the respondent.
The court further held that having illegally and forcefully
renditioned the appellant, the trial court is stripped of jurisdiction to
continue to try Kanu.
However, the federal government is yet to release Kanu.
Instead, it filed an appeal before the supreme court to
challenge the judgment.
It also filed an application seeking to stay the execution
of the appellate court’s judgment.
But Kanu has filed a fresh suit marked FHC/ABJ/CS/1945/2022
and dated October 21, challenging his continued detention.
He is also asking for N100 billion as damages for the
violation of his fundamental human rights.
Kanu has asked the court for “a declaration that the
continued detention of the applicant by the respondents, from the 13th day of
October 2022, till date, is illegal, unlawful, oppressive, unconscionable and
unconstitutional as it violates the applicant’s fundamental rights to dignity
of human persons, personal liberty and right to freedom of movement as
guaranteed by Sections 34, 35, 36, 39, and 41 of the 1999 Constitution of the
federal republic of Nigeria (as amended) 2011.
“An order of this honourable court directing the respondents
to unconditionally release the applicants from their custody forthwith.
“An order of injunction restraining the respondents, their
ages, privies, assigns or howsoever called, from further interfering with the
Applicant’s rights, and/or dealing with the Applicant in a manner inimical to
his fundamental rights guaranteed by the 1999 Constitution as amended, 2011.
“Compensatory and exemplary damages of N100,000,000,000.00
(One Hundred Billion Naira Only), against the respondents for the gross
violation of the applicant’s fundamental rights to dignity of the human person,
personal liberty and freedom of movement.”
Kanu also wants the court to issue an order “directing the
respondents to tender an unreserved public apology to the applicant in two
national dailies and any other forms of reparation that the honourable court
may deem he to grant”.
The Federal Republic of Nigeria, the attorney-general of the
federation (AGF), the Department of State Services (DSS) and its
director-general are joined as defendants in the suit.
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