Why Mazi Nnamdi Kanu Sued For The Enforcement Of His Fundamental Rights

By Aloy Ejimakor

Today, (September 7, 2021) I secured an Order from the High Court of Abia State to serve by substituted means, an Application for enforcement of the Fundamental Rights of Mazi Nnamdi Kanu, which I recently brought before the High Court of Abia State.

The next hearing date is set for 21st September, 2021 in Umuahia.

The material issue is the unbroken chain of infringements that began with the 2017 extrajudicial attempt on Kanu’s life in Abia State; his involuntary flight to safety/exile; his abduction in Kenya and his extraordinary rendition to Nigeria.

We believe that these supervening issues have complicated Kanu’s prosecution and thus must be judicially dispensed with before any further prosecutorial action can proceed.

Accordingly, I have 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  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.

Ejimakor, ESQ, is the Special Counsel to Mazi Nnamdi Kanu