Heavily armed security operatives cordoned off the roads leading to the premises of Abia State High Court complex located on Ikot Ekpene Road, Umuahia, Abia State, Nigeria as the court was set to deliver judgment on the suit filed by the leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu against the Federal Government of Nigeria on Wednesday, 19th January 2022.
As early as 7:00 am, a detachment of security personnel had been deployed around the court premises. All the roads leading to the court had also been barricaded, thus forcing motorists and pedestrians to take alternate routes. Journalists and staff of the court, as well as other people accessing the premises, were asked to produce their identity cards before being allowed access to the premises.
The presiding judge, Justice Benson Anya had during the hearing last year ordered security agents to stop interfering with those coming to the court during the court hearing of Kanu’s suit. He said that the security operatives were creating unnecessary tension by their actions.
Meanwhile, lawyers and various stakeholders like Comrade Igboayaka O. Igboayaka (National President of Ohanaeze Youth Council [OYC]), Comrade Ugochinyere Imo (Ikenga) (Spokesman of Opposition Parties of Nigeria), and others were sighted around the court premises. These included Kanu’s Special Counsel, Aloy Ejimakor who is leading a team of other lawyers in support of Mazi Nnamdi Kanu’s case.
Also sighted was the Counsel to the Chief of Army Staff, Amos Tory, among other lawyers of the defendant. It could be recalled that Barr. Aloy Ejimakor, who initiated the suit on 27th August 2021, is, among others, seeking the following reliefs:
1. A DECLARATION that the military invasion of Mazi Nnamdi 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, the 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.
2. A DECLARATION that the arrest of Mazi Nnamdi 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.
3. A DECLARATION that the torture and detention of Mazi Nnamdi Kanu in Kenya by agents of the Nigerian government is unlawful, illegal, unconstitutional and amounts to infringement of his fundamental rights against torture and fair hearing, as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.
4. A DECLARATION that the expulsion of Mazi Nnamdi Kanu from Kenya to Nigeria by the Nigerian government and his consequent detention and planned 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 a fair hearing, as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.
5. AN ORDER OF INJUNCTION restraining the Nigerian government from taking any further step in the prosecution of Mazi Nnamdi Kanu in Charge No: FHC/ABJ/CR/383/2015 (Federal Republic of Nigeria v. Nnamdi Kanu) pursuant to his unlawful expulsion from Kenya to Nigeria.
6. AN ORDER mandating and compelling the Nigerian government to forthwith release Mazi Nnamdi Kanu from detention and to restore him to his liberty, same being his state of being as of 19th June 2021; and to thereupon repatriate him to Britain, his country of domicile and citizenship.
7. AN ORDER mandating and compelling the Nigerian government to issue an official Letter of Apology to Mazi Nnamdi Kanu for the infringement of his fundamental rights and publication of said Letter of Apology in three (3) national dailies.
In the judgment of Justice Benson Anya, he granted items 1 & 7 whilst declaring that the invasion of Nnamdi Kanu’s house is indeed illegal and unconstitutional. Justice Anya consequently awarded the sum of One Billion Naira (N1B) as damages to be paid to Nnamdi Kanu by the Federal Government. He also ordered that an apology letter to him be published in three national newspapers.
However, regarding the requested items 2, 3,4,5 & 6, the Judge stated that his court lacks the jurisdiction to handle those matters.
Also, Justice Benson Anya, while reading out his verdict, advised the Nigerian government led by President Muhammadu Buhari to use a more political approach to resolve the Nnamdi Kanu and Ipob cases, rather than using judicial processes.
SIGNED:
Comrade Igboayaka O. Igboayaka
National President of Ohanaeze Youth Council (OYC)
