Kanu asked the court to order the FG to pay him N25 billion in damages for the, “physical, mental, psychological, property” loss he suffered during his extradition.
By Omotayo Olutekunbi
Mazi Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB) group, has criticised a new N25 billion complaint filed against the federal government of Nigeria for his extradition from Kenya.
Kanu’s special counsel, Mr Aloy Ejimakor, filed the complaint in the Federal High Court in Umuahia, Abia State.
Remember that the FG extradited Kanu from Kenya in June 2021, four years after he fled Nigeria while on bail and facing treasonable criminal charges.
According to a statement issued on Friday, March 25, 2022, Ejimakor argued that the extradition of the IPOB leader was unlawful.
The statement was given a title, ‘Nnamdi Kanu approaches Federal High Court, Umuahia to enforce his fundamental rights against unlawful expulsion’.
Kanu asked the court to order the FG to pay him N25 billion in damages for the, “physical, mental, psychological, property” loss he suffered during his extradition, Punch reported.
Kanu, according to the counsel, moved his case to the Federal High Court after the Abia State High Court stated on January 19, 2022, that it lacked power to adjudicate on matters connected to extradition, since that is the exclusive domain of the Federal High Court.
The IPOB asked for “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 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 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.”
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