Aloy Ejimakor, one of the counsels to the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has said he is disappointed that the case asking freedom for his client on health grounds in Abia State did not hold on Thursday.
The IPOB leader's lawyer said he discovered on Thursday that the case had not yet been assigned to a court.
Ejimakor stated these in a press release which was obtained by SaharaReporters on Thursday.
However, in a statement on Thursday, titled, “Re: Mazi Nnamdi Kanu - We are disappointed that Kanu’s Fundamental Rights case did not hold today in Umuahia, Abia State,” Ejimakor said the case was supposed to be treated urgently.
The statement reads, "You will recall that at the last hearing of this matter on 21st September, 2021, the vacation judge had made a ruling transferring the case to the Chief Judge of Abia State High Court for assignment.
"The reason was that the Abia court vacation was due to end on 30th September; and according to the Judge, there’s was not enough time for the vacation court to conclude the case within the vacation period.
"The case was therefore adjourned to 7th October, 2021 (today) for assignment to a Judge that will hear it under the regular court calendar.
"As of today, the case is yet to be assigned and I was informed by the registry that all parties will be notified of the next hearing date once the case is assigned to a Court.
"A fundamental rights proceeding is sui generis. In other words, it is to be treated as special and expected to be concluded quickly, especially in situations where the applicant is incarcerated.
"Today’s outcome is a disappointment. It is my hope that, going forward, there won’t be any further delay in hearing the case."
SaharaReporters had reported last month that Ejimakor, in an application, Nnamdi Kanu versus Federal Government of Nigeria and seven others, brought an ex parte order asking the court to, among other things, make an interim order of release of Kanu to attend to his health in any medical facility of his choice in Nigeria, pending the hearing of the motion.
The lawyer also asked for the substitution service on the motion on notice of third and fourth respondents.
However, the high court presided over by Justice K. C. J. Okereke refused the application and asked the lawyer to put the respondents on notice.
He granted the application for substituted service on third, fifth, and seventh respondents and adjourned till September 21 for a hearing of the motion on notice.
Responding to enquiries in Umuahia, Ejimakor had said, “Today, I secured an Order from the High Court of Abia State to serve by substituted means an Application for enforcement of the Fundamental Rights of Mazi Nnamdi Kanu, which I recently brought before the High Court of Abia State. The next hearing date is set for 21st September, 2021 in Umuahia."