The Guardian (Nigeria)

Abia court delivers judgment on Kanu’s suit against FG, seven others January 19

- From Gordi Udeajah, Umuahia

MR. Justice Benson Anya of the Abia State High Court has scheduled to deliver judgement on Wednesday, January 19, 2022 on the fundamenta­l rights suit marked HIN/ FR/ 14/ 2021 filed by the IPOB leader, Mazi Nnamdi Kanu, against the Federal Government and seven other defendants.

Other defendants besides the Federal Goverment are the Attorney General of the Federation, Chief of Army Staff, Brigade Commander, 14 Brigade, Nigerian Army Ohafia, Abia State; Inspector General of Police; Commission­er of Police Abia State; Director- General, Department of State Security Services and Abia State Director, Department of State Security Services.

The court had on December 10, 2021 concluded hearings on the suit filed on behalf of Kanu by his special counsel, Mr. Aloy Ejimakor on August 27, 2021, urging the court to make four declaratio­ns and issue three orders.

The declaratio­ns were that the military invasion of 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.

“The arrest of 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.

“The alleged torture and detention of 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.

“Kanu’s expulsion from Kenya to Nigeria by the Nigerian government and his consequent detention and 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.”

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