A Federal High Court sitting in Umuahia, Abia State on Wednesday awarded N500m as damages to the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, over his illegal abduction and human rights abuse from Kenya.
Justice E . N Anyadike also ordered the Federal Government to return Kanu to Kenya from where he was extradited to Nigeria on June 19, 2021.
Similar to the judgement of the Appeal Court in Abuja, the court insisted that the extradition of Kanu from Kenya without recourse to the legal process was a flagrant abuse of his fundamental human rights.
Justice Anyadike held that the respondent failed to disprove the claims of Kanu that he was arrested, blindfolded, tortured, and chained to the ground for eight days in Kenya before his extradition to Nigeria.
The case was filed through Kanu’s lawyer, Aloy Ejimakor.
Ejimakor had told the court that the suit is sui generis (of a special class) and was primarily aimed at redressing the infamous unlawful expulsion or extraordinary rendition of 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.
He said, “In addition to the rendition, I am asking 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 his rendition on 19th June 2021.”
Also, Leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has sued the Federal Government for N100 billion over his continued detention by the Department of State Services (DSS).
He filed the fundamental rights enforcement suit at the Federal High Court Abuja.
Kanu is seeking his immediate release from the facility of the DSS and payment of N100 billion reparation for the violation of his rights to liberty and dignity of human person.
Kanu said the suit became necessary following the continued failure of the Federal Government to obey the judgment of the Court of Appeal, delivered on October 13, which discharged him of the terrorism charge brought against him.
The originating court process, filed by Mike Ozekhome, SAN, on behalf of Kanu, dated October 21 has the suit number FHC/ABJ/CS/1945/2022.
Kanu said the suit was predicated on provisions of the 1999 Constitution: “By virtue of Section 46(1) of the 1999 Constitution and Order 1 Rule 2(1) of the Fundamental Rights (Enforcement Procedure) Rules, any person who alleges that any of the Provisions of Chapter 4 of the constitution to which he is entitled to, has been, is being or is likely to be contravened in any state in relation to him, may apply to the High Court in the State for redress.”
By the suit, Kanu wants a declaration that his continued detention by the government from October 13 till date, is illegal, unlawful, oppressive, unconscionable, and unconstitutional.
“It violates my 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,” he said.
Kanu is also seeking an order directing the respondents to unconditionally release him from their custody forthwith.
The applicant is also praying for an order restraining the respondents from further interfering with his rights or dealing with him in a manner inimical to his fundamental rights guaranteed by the 1999 Constitution.
