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Court Begins Hearing Of IPOB Leader, Nnamdi Kanu's Rendition Case Against Nigerian Government

Kanu
October 4, 2022

The Special Counsel to Nnamdi Kanu/IPOB, Aloy Ejimakor, in short video posted on his Twitter handle on Tuesday morning said he was full prepared with his team to dissect all the issues surrounding the criminal abduction of his client (Kanu) by Nigeria state before the court, expressing optimism that the court will see reason with his position.

 

A Federal High Court sitting in Umuahia, Abia State is set to hear the suit challenging the extraordinary rendition of the leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu on Tuesday.
The suit which was filed before the court in March was selected for hearing Today, Tuesday October 4, 2022.

The Special Counsel to Nnamdi Kanu/IPOB, Aloy Ejimakor, in short video posted on his Twitter handle on Tuesday morning said he was full prepared with his team to dissect all the issues surrounding the criminal abduction of his client (Kanu) by Nigeria state before the court, expressing optimism that the court will see reason with his position.

"We are confident and we will prevail as you can see the crowd here, with my professional colleagues and those that are not captured in this video. There's a general sense of injustice that pervert the entire society that self-determination is not a criminal offence that should attract such aggressive countervailing measures such as Nigeria government took against Mazi Nnamdi Kanu in June last year. So we are here to text the legality of that misconduct and I have full confidence that this court here will do justice impartially and with full judicial confidence," he stated.

Meanwhile, Kanu's lawyer had sought the following reliefs before the court:

"A DECLARATION that the arrest of the Applicant in Kenya by the Respondents’ agents without due process of law is arbitrary, and the Respondents’ enforced disappearance of the Applicant for eight (8) days and their refusal to produce the Applicant before a Kenyan Court for the purpose of Applicant’s extradition is illegal, unlawful, unconstitutional and amount to infringement of the Applicant's fundamental right against arbitrary arrest, to his personal liberty and to fair hearing as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter.

"A DECLARATION that the detention of the Applicant in a non-official secret facility in Kenya and the torture of the Applicant in Kenya by the Respondents’ agents is illegal, unlawful, unconstitutional and amount to infringement of the Applicant's fundamental right against unlawful detention, torture and to fair hearing, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter).

"A DECLARATION that, pursuant to Article 12(4) of the Charter, the expulsion (or extraordinary rendition) of the Applicant from Kenya to Nigeria by the Respondents without a decision taken in accordance with the law of Kenya is illegal, unlawful, unconstitutional and amounts to infringement of the Applicant's fundamental right to fair hearing and not to be expelled from a State Party to the Charter except by virtue of a decision taken in accordance with the law, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter.

"A DECLARATION that any criminal prosecution of the Applicant the purpose of which the Respondents unlawfully expelled the Applicant from Kenya to Nigeria is illegal, unlawful, unconstitutional and amounts to infringement of the Applicant's fundamental right to fair hearing, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter.

"AN ORDER OF INJUNCTION restraining and prohibiting the Respondents from taking any further step in any criminal prosecution of the Applicant enabled by the said unlawful expulsion of the Applicant from Kenya to Nigeria.

"AN ORDER mandating and compelling the the Respondents to forthwith restitute or otherwise restore the Applicant to his liberty, same being his state of being as of 19th June, 2021; and to thereupon repatriate the Applicant to his country of lawful domicile (to wit: the United Kingdom) to await the outcome of any formal request the Respondents may file before the competent authorities in Britain for the lawful extradition of the Applicant to Nigeria.

" AN ORDER mandating and compelling the Respondents to issue an official Letter of Apology to the Applicant for the infringement of his fundamental rights; and publication of said Letter of Apology in three (3) national dailies.

"AN ORDER mandating and compelling the Respondents to pay the sum of N25,000,000,000.00 (Twenty-Five Billion Naira) to the Applicant, being monetary damages claimed by the Applicant against the Respondents jointly and severally for the physical, mental, emotional, psychological, property and other damages suffered by the Applicant as a result of the infringements of Applicant’s fundamental rights by the Respondents."

SaharaReporters had reported last week that Ejimakor, in statement said the suit before the court is 'sui generis' (of a special class), adding that "it is primarily aimed at redressing the infamous unlawful expulsion or extraordinary rendition of Nnamdi Kanu, which is a clear violation of his fundamental rights under Article 12(4) of the African Charter on Human and Peoples Rights, as well as Chapter IV of the Nigerian Constitution."

In addition to the rendition, the Kanu's lawyer said he also sought a relief of the Court to redress the myriad violations that came with the rendition, "such as the torture, the unlawful detention and the denial of the right to fair hearing which is required by law before anybody can be expelled from one country to the other. I am also seeking to halt his prosecution and restore him to the status quo before he was rendition on 19th June, 2021."

He had said, "To be sure, the extraordinary rendition of Nnamdi Kanu triggered myriad legal questions that cut across multiple jurisdictions in Nigeria and even triggered the international legal order, to boot. In other words, the rendition has expanded the matter of Kanu far beyond the realms of the Abuja trial and opened up new legal frontiers that must be ventilated to the hilt before other courts and tribunals within and without Nigeria.

"Thus, this very case before the Federal High Court, Umuahia is one of such that is aimed at seeking a definitive judicial pronouncement on the constitutionality of the extraordinary rendition. The ones in the United Kingdom, Kenya, African Union and the United Nations are in addition."