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‘Rights violation’: Kanu files fresh N50bn suit against FG

‘Rights violation’: Kanu files fresh N50bn suit against FG
April 07
22:46 2022

Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), has filed a N50 billion suit against the federal government over the alleged violation of his rights.

Kanu alleged that he was kidnapped from Kenya and brought back to Nigeria to stand trial.

The IPOB leader, who is in DSS custody, filed the suit on Thursday through his counsel, Mike Ozekhome, against the federal government and Abubakar Malami, attorney-general of the federation (AGF).

Among other reliefs sought in the suit marked FHC/ABJ/CS/462/2022, Kanu asked the court to determine “whether the way and manner in which the plaintiff was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws particularly the provisions of Article 12 (4) of the African charter on human and peoples rights (ratification and enforcement) Act Cap A9 laws of the Federation of Nigeria, 2004, and Article/Part 5 (a) of the African Charter’s principles and guidelines on human and peoples’ rights while countering terrorism in Africa”.

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Kanu also wants the court to determine “whether by the operation of Section 15 of the Extradition Act Cap E25, Laws of the Federation of Nigeria 2004, the plaintiff can be competently/legally tried for offences stated in counts 1 to 14 of the 15-count amended charge in charge number FHC/ABJ/CR/383/2015 between Federal Republic of Nigeria v. Mazi Nnamdi Kanu, which are not the offences for which he was surrendered or extraordinarily renditioned to Nigeria”.

The IPOB leader also wants the court to rule on “whether by the operation of Section 15 of the Extradition Act Cap E25, Laws of the Federation of Nigeria 2004, the defendants have the enabling powers to detain the plaintiff or subject him to be tried on charges later amended after he was extraordinarily renditioned to Nigeria”.

After the questions have been decided, Kanu prayed the court to give judgment on various declarations relating to the circumstances surrounding his extradition and ongoing trial.

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“A declaration that the plaintiff’s abduction and extraordinary rendition to Nigeria without being subjected to extent extradition proceedings/hearing in Kenya where he was abducted, is a clear violation of Article 12(4) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act CAP A9, LFN 2004,” the document reads.

“A declaration that the detention and continued detention of the plaintiff on the strength of an amended charge filed after his extraordinary forceful rendition to Nigeria, are illegal, ultra vires the powers of the defendants and a violation of the 1st defendant’s rights under Nigerian municipal laws, African Charter on Human and Peoples Rights, International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture, its operational protocol, and constitutional rights of the Plaintiff; and the UN Declaration of Human Rights (UDHR), 1948.

“A declaration that the forcible abduction of the plaintiff in Kenya on the 19th of June, 2021, and his consequent forcible extraordinary rendition to Nigeria without due compliance with extant laws, were done in blatant breach of Article 12(4) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act CAP, A9, LFN 2004, Section 15 of the Extradition Act CAP E25, Laws of the Federation of Nigeria 2004, Part 5 (A) (Transfer of Individuals) Principles and Guidelines on Human and Peoples Right while countering terrorism in Africa; and Article 13 of the UDHR, 1948.

“A declaration that the plaintiff shall not be subjected to any form of criminal trial or further detention upon his illegal and unlawful rendition to Nigeria, particularly with reference to the newly introduced amended charge filed in Charge No: FHC/ABJ/CR/383/2015, between F.R.N. V. Nnamdi Kanu, after he was illegally, forcibly and unlawfully renditioned to Nigeria.

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“A declaration that pursuant to Article 12(4) of the African Charter on Human & Peoples Right (Ratification and Enforcement) Act, CAP A9 LFN 2004, the forcible abduction, expulsion or extraordinary rendition of the plaintiff from Kenya to Nigeria by the defendants without a decision taken in accordance with the laws of Kenya is illegal, unlawful, wrongful, unconstitutional and amounts to a gross violation of the international humanitarian rights of the plaintiff.”

Kanu wants the court to order his release from DSS custody, and he is also seeking a ruling restraining the federal government from taking any further step to prosecute him over “criminal charge no: FHC/ABJ/CR/383/2015, currently pending before Court No. 2, Federal High Court, Abuja”.

Kanu also asked the court to award the sum of N100 million to him “as the cost of this action”.

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