The detained leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu, on Thursday, instituted a fresh N50billion suit against the Federal Government, alleging that he was forcefully abducted from Kenya and returned to the country for trial, in violation of his fundamental human rights. Kanu, whose trial is scheduled to resume before the Federal High Court sitting in Abuja on Friday, in the suit he filed through his team of lawyers led by Chief Mike Ozekhome, SAN, posed three legal questions for the court to determine.
He is praying the court to, determine; “Whether the way and manner in which the Plaintiff was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws particularly the provisions of Article 12 (4) of the African charter on human and peoples rights (ratification and enforcement) act cap a9 laws of the Federation of Nigeria, 2004, and article/part 5 (a) of the African charter’s principles and guidelines on human and peoples’ rights while countering terrorism in Africa.
“Whether by the operation of section 15 of the extradition act cap e25, laws of the federation of Nigeria 2004, the plaintiff can be competently/legally tried for offences stated in counts 1 to 14 of the 15-count amended charge in charge number fhc/abj/cr/383/2015 between federal republic of Nigeria v. Mazi Nnamdi Kanu, which are not the offences for which he was surrendered or extraordinarily renditioned to Nigeria”. As well as, “Whether by the operation of section 15 of the extradition act cap e25, laws of the federation of Nigeria 2004, the defendants have the enabling powers to detain the plaintiff or subject him to be tried on charges later amended after he was extraordinarily renditioned to Nigeria”. Upon the determination of the questions, Kanu, among other reliefs, prayed the court for; “A declaration that the Plaintiff’s abduction and extraordinary rendition to Nigeria without being subjected to extent extradition proceedings/hearing in Kenya where he was abducted, is a clear violation of Article 12(4) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act CAP A9, LFN 2004.
“A declaration that the detention and continued detention of the Plaintiff on the strength of an amended charge filed after his extraordinary forceful rendition to Nigeria, are illegal, ultra vires the powers of the Defendants and a violation of the 1st Defendant’s rights under Nigerian municipal Laws, African Charter on Human and Peoples Rights, International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture, its operational protocol, and constitutional rights of the Plaintiff; and the UN Declaration of Human Rights (UDHR), 1948. “A declaration that the forcible abduction of the Plaintiff in Kenya on the 19th of June, 2021, and his consequent forcible extraordinary rendition to Nigeria without due compliance with extant laws, were done in blatant breach of Article 12(4) of the African Charter on Human and Peoples Rights (Ratification and Enforcement) Act CAP, A9, LFN 2004, Section 15 of the Extradition Act CAP E25, Laws of the Federation of Nigeria 2004, Part 5 (A) (Transfer of Individuals) Principles and Guidelines on Human and Peoples Right while countering Terrorism in Africa; and Article 13 of the UDHR, 1948. “A declaration that the Plaintiff shall not be subjected to any form of criminal trial or further detention upon his illegal and unlawful rendition to Nigeria, particularly with reference to the newly introduced amended charge filed in Charge No: FHC/ABJ/CR/383/2015, between F.R.N V. Nnamdi Kanu, after he was illegally, forcibly and unlawfully renditioned to Nigeria. “A declaration that pursuant to Article 12(4) of the African Charter on Human & Peoples Right (Ratification and Enforcement) Act, CAP A9 LFN 2004, the forcible abduction, expulsion or extraordinary rendition of the Plaintiff from Kenya to Nigeria by the Defendants without a decision taken in accordance with the Laws of Kenya is illegal, unlawful, wrongful, unconstitutional and amounts to a gross violation of the international Humanitarian Rights of the Plaintiff. “An order of the Honourable Court directing the Defendants to unconditionally release forthwith the Plaintiff from the custody of the Department of State Security forthwith. “An order of the Honourable Court restraining the Defendants, whether by themselves, their servants, privies, agents, representatives, or any other person whosoever; or by whatsoever name called, from taking any further step in the prosecution/trial of the Plaintiff in Criminal Charge No: FHC/ABJ/CR/383/2015, currently pending before Court No. 2, Federal High Court, Abuja. “An order of perpetual injunction restraining the Defendants, their agents, privies, representatives, or any other person whomsoever and by whatsoever name called, from further prosecuting or from further initiating any criminal proceedings or action against the Plaintiff; or from further arresting and or detaining the Plaintiff on the same or similar offences. “The sum of N50, 000,000,000.00 (Fifty Billion Naira Only) as general damages. Likewise, “The sum of N100, 000,000.00 (One Hundred Million Naira Only) as the cost of this action”. Cited as Defendants in the suit marked FHC/ABJ/CS/462/2022, are the Federal Government and the Attorney-General of the Federation.