A judgement has been delivered on Wednesday by Abia State High Court on the fundamental human rights suit filed by the Leader of the Indigenous People of Biafra, Mazi Nnamdi Kanu against the federal government.
Nnamdi Kanu, leader of the Indigenous People of Biafra has defeated the federal government in court
This comes after an Abia State High Court presided over by Hon. Justice Benson Anya in Umuahia, the state capital on Wednesday awarded N1bn damage in favour of the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu against the Federal Government.
The fundamental human rights suit was filed before the court by his special counsel, Aloy Ejimakor.
Ejimakor prayed the court to declare the invasion of the residence of the IPOB leader in Abia State in 2017 as unlawful and an infringement of his constitutional right.
He had also prayed that the court should declare Kanu’s rearrest and torture in Kenya last year as unlawful.
The suit, which Ejimakor filed in August, further sought the court to stop the Nigerian government from prosecuting Kanu, mandating it to release the IPOB leader and tender an apology to Kanu, among others.
Nnamdi Kanu on Wednesday pleaded not guilty to the 15 charges brought against him by the Federal Government in the case of alleged treasonable felony.
He pleaded not guilty before Justice Binta Nyako when the case resumed at the Federal High Court in Abuja on Wednesday.
Recall that the Nigerian government had filed fresh terrorism charges against the detained IPOB leader before the Federal High Court in Abuja on Monday.
The action increased the initial counts bordering on treasonable felony and terrorism against Kanu from seven to 15.
The case was then adjourned till today for him to take his plea.
Kanu pleaded not guilty to the 15 charges brought against him by the Buhari government.
However, delivering a judgement on the suit filed by Nnamdi Kanu to halt the alleged treasonable felony trial, Justice Ben Anya of the High Court sitting in Abia State, rejected the Nigerian government’s challenge of its jurisdiction to hear Kanu’s fundamental rights suit.
Kanu, through his special counsel, Aloy Ejimakor, had initiated the fundamental human rights suit against the Nigerian government.
In the suit, Ejimakor had urged the court to declare the invasion of the residence of the IPOB leader in Abia State in 2017 as unlawful and an infringement of his constitutional right.
He urged the court to declare his rearrest and torture in Kenya last year as unlawful.
The suit, which Ejimakor filed in August, further sought the court to stop the Nigerian government from prosecuting Kanu, mandating it to release the IPOB leader and tender an apology to Kanu, among others.
But, during today’s proceedings, the Nigerian government challenged the jurisdiction of the court to hear the suit.
Hon. Justice Anya described the invasion of Kanu’s Afaraukwu residence as notorious and brazen.
He however struck out other reliefs sought by Kanu’s legal team, including his repatriation from Kenya and continued detention by the DSS.
The presiding judge also granted the relief sought by Kanu’s legal team, ordering the Federal Government to issue a public apology in three national dailies over the illegal invasion of Kanu’s Afaraukwu residence.
He also advised the Federal Government to adopt a political resolution in dealing with issues involving Kanu.
This was disclosed by Ejimakor in a tweet.
“Breaking: MNK wins as Abia High Court rejects Nigerian government’s challenge to its jurisdiction to hear Mazi Nnamdi Kanu’s fundamental rights suit. Judgment on other issues still in progress,” Ejimakor wrote.
However, The Federal High Court in Abuja has adjourned Nnamdi Kanu’s case till February 16.
The court said it will consider the application filed by the defence lawyer, Mike Ozekhome, SAN on the above date
