Federal Court orders Kanu’s return to Kenya
Nnamdi Kanu, the head of the Indigenous People of Biafra (IPOB), a group that is now proscribed, has sued the federal government for violating his fundamental rights by the Department of State Services (DSS) in an action worth N100 billion.
Kanu is requesting his immediate release from the DSS facility in the lawsuit he filed at the Federal High Court in Abuja as well as N100 billion in damages for the DSS’s breach of his rights to liberty and human dignity.
Kanu said that the need for the lawsuit arose from the Federal Government’s ongoing refusal to abide with the Court of Appeal’s decision, which cleared him of the terrorist allegation levelled against him and was issued on October 13.
The case number for the initial court filing, made by Mr. Mike Ozekhome, SAN, on behalf of Kanu, is FHC/ABJ/CS/1945/2022.
Kanu said that the 1999 Constitution’s clauses served as the basis for the lawsuit.
“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.”
Kanu is requesting a ruling that his continuing detention by the government since October 13 is unlawful, repressive, unbearable, 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.”
Kanu is also asking for a court judgement for the respondents to release Kanu from their custody immediately and without conditions.
The applicant is also asking for a court order prohibiting the respondents from encroaching on his rights or treating him in a way that is contrary to the fundamental freedoms that are protected by the 1999 Constitution.
In addition, he demands N100 billion in compensation and exemplary damages from the respondents for violating his rights.
Court orders return to Kenya
Earlier, Nnamdi Kanu was ordered on Wednesday by a Federal High Court in Umuahia, Abia, to be sent back to Kenya before his rendition on June 19, 2021.
Kanu received N500 million in general damages from Justice Evelyn Anyadike, who also delivered the ruling.
According to the News Agency of Nigeria, Kanu asked the court to reverse the Federal Government’s alleged unlawful expulsion or extraordinary rendition of him from Kenya.
The Federal Government, Attorney General of the Federal and Minister of Justice, Abubakar Malami, and President Muhammadu Buhari are named as respondents in the March lawsuit.
The court cited the Abuja Court of Appeal’s Oct. 13 order and granted each of Kanu’s eight requested reliefs.
