A Federal High Court in Umuahia, Abia State, on Wednesday, ordered the Federal Government to return Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPoB), to Kenya before his rendition on June 19, 2021.
Delivering judgement, Justice Evelyn Anyadike also awarded Kanu N500m in general damages.
Kanu prayed the court to redress his infamous unlawful expulsion or extraordinary rendition from Kenya by the Federal Government.
The suit, which was filed in March, has the Federal Government, the Attorney-General of the Federal and Minister of Justice, Abubakar Malami (SAN) and President Muhammadu Buhari as respondents.
The court referred to the Court of Appeal judgement of October 13 in Abuja and granted all the eight reliefs sought by Kanu, which bordered on extraordinary rendition.
The court held that the expulsion or extraordinary rendition of Kanu, 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.
It held that the manner of arrest, torture, continued detention and denial of the right to fair hearing amounted to a brazen violation of Kanu’s rights.
While delivering the one-and-half-hour judgement, Anyadike held that the burden was on the respondents to justify their actions, which they failed to do so.
Reacting, Kanu’s counsel, Mr Alloy Ejimakor, hailed the court for what he described as a “painstaking judgement.”
According to him, “it shows that the court is the last hope of the common man and has reinstated our confidence in the judiciary as lawyers”.
“What is the most important in today’s judgement is not the money awarded to us as damages, but the court’s order that Kanu should be restored to the status quo as of June 19, 2021.
“I, therefore, call on the Federal Government to take prompt steps to obey this court order and restore Kanu to the status quo.”
There was no appearance in court on behalf of the respondents.
Meanwhile, Kanu has filed a N100 billion fundamental rights enforcement suit against the Federal Government over his continued detention by the Department of State Services (DSS).
In the suit filed 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 judgement 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 Mr 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 Oct. 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.
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.
In addition, he is seeking a compensatory and exemplary damage of N100 billion against the respondents for the violation of his rights.
