Sunday, 23 June, 2024

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Kanu’s Counsel Gets Order For Substituted Service


A High Court sitting in Umuahia has granted prayer 3, which is substituted service on the respondents to Nnamdi Kanu’s lawyer.

In a suit filed by the counsel to Mazi Nnamdi Kanu, Chief Alloy Ejimakor, in an exparte motion application against the Federal Republic of Nigeria Government and seven others, is asking the Court to grant his client nine relief on his Fundamental Human Rights, including the interim order of release of Nnamdi Kanu to enable him to attend to his health in any medical facility of his choice in Nigeria, pending the hearing of the motion.

Aloy Ejimakor, had placed the following reliefs before the Court:

1, A DECLARATION that the military invasion of the Applicant’s building and premises at Isiama, Afaraukwu Ibeku, Abia State on 10th September, 2017 by the Respondents or their agents is illegal, unlawful, unconstitutional and amount to infringement of the Applicant’s fundamental right to life, dignity of his person, his personal liberty and fair hearing as guaranteed under the pertinent provisions of Chapter IV of the Constitution of Federal Republic of Nigeria, 1999 (hereafter, CFRN) and the African Charter on Human and People’s Rights (Ratification and Enforcement) Act (hereafter, the Charter).

2, A DECLARATION that the arrest of the Applicant in Kenya by the Respondents or their agents without due process of law is arbitrary, illegal, unlawful, unconstitutional and amounts to infringement of the Applicant’s fundamental right against arbitrary arrest, to his personal liberty and to fair hearing as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter.

3, A DECLARATION that the torture and detention of the Applicant in Kenya by the Respondents or their agents is illegal, unlawful, unconstitutional and amounts to infringement of the Applicant’s fundamental right against torture and to fair hearing, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter).

4, A DECLARATION that the expulsion of the Applicant from Kenya to Nigeria by the Respondents or their agents and their consequent detention and planned prosecution of the Applicant in Charge No: FHC/ABJ/CR/383/2015 (Federal Republic of Nigeria v. Nnamdi Kanu) is illegal, unlawful, unconstitutional and amount to infringement of the Applicant’s fundamental right against unlawful expulsion and detention, and to fair hearing, as enshrined and guaranteed under the pertinent provisions of CFRN and the Charter).

5, AN ORDER OF INJUNCTION restraining the Respondents or their agents from taking any further step in the prosecution of the Applicant in Charge No: FHC/ABJ/CR/383/2015 (Federal Republic of Nigeria v. Nnamdi Kanu) pursuant to said unlawful expulsion of the Applicant from Kenya to Nigeria.

6, AN ORDER mandating and compelling the the Respondents or their agents to forthwith release the Applicant from detention and restitute or otherwise restore 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 domicile (to wit: Britain) 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 to continue his prosecution in Charge No: FHC/ABJ/CR/383/2015 (Federal Republic of Nigeria v. Nnamdi Kanu).

7, 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.

8, AN ORDER mandating and compelling the Respondents to pay the sum of N5000,000,000.00 (Five Billion Naira) to the Applicant, being monetary damages claimed by the Applicant against the Respondents jointly and severally for the physical, mental, emotional, psychological and other damages suffered by the Applicant as a result of the infringements of Applicant’s fundamental rights.

Presiding over the matter, the vacation Judge, Justice KCJ Okereke, granted the prayer 3 and rejected prayers 1 and 2 and adjourned the matter to 21st September, 2021, for motion on Notice. 

Justice Okereke further directed the counsel to the Federal Government and other respondents to appear before the court on the adjourned date.

The trial witnessed massive security presence within the court premises as the trial lasted.

Credit: Nigeria Tribune

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