October 26, (THEWILL) – Leader of the Indigenous Peoples of Biafra (IPOB), Nnamdi Kanu, has dragged the Federal Government to court, asking for a compensation of N100 billion, following the refusal of the government to comply with the judgement of the Court of Appeal of 13 October 2022, which discharged the terrorism charges filed against him.
The Appeal court had in a judgement discharged and quashed the terrorism charges filed against Kanu by the Federal Government and subsequently ordered his release from the custody of the Department of State Services (DSS).
However, the Federal Government had in a stay of execution application, filed before the appellate court, argued that releasing Kanu from detention will pose a security risk to the nation.
But Kanu, in a Fundamental Right Action before the Federal High Court Abuja filed on Wednesday, demanded his immediate release from the facility of DSS and payment of the sum of N100 billion as compensation for the gross violation of his Rights to Liberty and Dignity of Human Persons, Barrister Ifeanyi Ejiofor, one of his lawyers said in a statement.
The statement title “CONTINUED VIOLATION OF COURT ORDER – MAZI NNAMDI KANU SEEKS 100BILLION NAIRA DAMAGES AGAINST THE FEDERAL GOVERNMENT OF NIGERIA, FROM THE FEDERAL HIGH COURT ABUJA, FOR HIS CONTINUED ILLEGAL/UNLAWFUL DETENTION IN DEFIANCE TO ORDER OF COURT”, reads:
“Following the continued grandstanding of the Federal Government of Nigeria (FGN) to implement/carry out the Orders/Judgement of the Court of Appeal, delivered on the 13th day of October 2022, which in effect, discharged Mazi Nnamdi Kanu of the frivolous charge brought against him and consequently, prohibits the FGN from further detaining him, and/or subjecting him to further trial or prosecution by any court in Nigeria.
“Mazi Nnamdi Kanu has now commenced a Fundamental Right Action before the Federal High Court Abuja, to demand his immediate release from the unlawful facility of the Department of State Services (DSS), and payment of the sum of NGN100 Billion (One Hundred Billion Naira) as reparation for the gross violation of his Rights to Liberty, Freedom of Movement and Dignity of Human Person.
“It will be recalled that following the judgement of the Court of Appeal, delivered on the 13th day of October 2022, which in effect struck out the retained seven-count charge hitherto pending against Mazi Nnamdi Kanu, there is no existing Order of a Court of Law, which presently sanction or legitimize the continued detention of Mazi Nnamdi Kanu, as all Courts of the first instance in Nigeria has effectively, from this 13th day of October 2022, divested of all jurisdictional powers to either issue Orders in respect thereto or even undertake any further criminal trial/prosecution against Mazi Nnamdi Kanu.
“In the Originating Court Process, duly initiated on behalf of Mazi Nnamdi Kanu by our erudite Lead Counsel – Chief Dr Mike Ozekhome, SAN, on the 21st day of October 2022, in Suit No. FHC/ABJ/CS/1945/2022: BETWEEN MAZI NNAMDI KANU VS FEDERAL REPUBLIC OF NIGERIA & ORS, supported by six (6) paragraph affidavit, deposed to by Chimuanya Emenari Esq, a legal practitioner in the law firm of I. C. Ejiofor & Co., clearly verifying the facts of these gross violation of Mazi Nnamdi Kanu’s constitutionally guaranteed Rights, following his continued detention in solitary confinement in the custody of the DSS in flagrant disobedience of Court Orders, Mazi Nnamdi Kanu is substantially seeking for the following Reliefs, anchored on the forgoing grounds, which the Reliefs are predicated upon to wit:
“A DECLARATION that the continued detention of the Applicant by the Respondents, from the 13th day of October 2022 till date, is illegal, unlawful, oppressive, unconscionable, and unconstitutional as it violates the Applicant’s Fundamental Rights to Dignity of Human Persons, Personal Liberty and Right to Freedom.”
