The leader of the Indigenous People of Biafra, Nnamdi Kanu, is set to sue the Nigerian government for breach of his fundamental human rights, demanding over 5o billion naira from the government.
Kanu is being held by the Department of State Services (DSS) at its headquarters in Abuja, after the Nigerian government repatriated him from Kenya in June 2021, an action his lawyers termed “illegal, unlawful, unconstitutional extradition.”
He is standing trial on charges bordering on treasonable felony and terrorism before a federal court in Abuja.
In the new suit, Kanu’s lawyers led by Chief Mike Ozekhome prayed the court to declare his arrest, torture and detention as unconstitutional.
The lawyers also prayed the court to declare that Kanu’s expulsion from Kenya to Nigeria was illegal and unlawful.
The reliefs sought include, “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 is entitled to all benefits, rights and privileges contained in Section 15 of the Extradition Act, Cap E25, Laws of the Federation of Nigeria 2004, Section 12(4) of the African Charter on Human and Peoples Rights(Ratification and Enforcement) Act, CAP A9, LFN 2004, International Covenant on Civil and Political Rights and other extant laws prohibiting his forcible and unlawful abduction in and expulso Kenya, and consequent upon the extraordinary rendition to Nigeria and detention on an amended charge filed against him after being forcibly renditioned to Nigeria.
“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. The sum of N100,000,000.00 (One Hundred Million Naira Only) as the cost of this action.”