A Federal Excessive Court docket sitting in Umuahia, the Abia State capital, on Wednesday ordered the Muhammadu Buhari-led Federal Authorities to pay Nnamdi Kanu, the sum of N500 million as damages following his unlawful abduction and human rights abuse from Kenya.
The Court docket presided by Justice E . N Anyadike, insisted that the extradition of Kanu from Kenya with out recourse to the authorized course of was a flagrant abuse of his basic human rights, ordering the Federal Authorities to cease the prosecution of the IPOB chief.
Justice Anyadike dominated that the federal government couldn’t disprove the claims of the applicant that he was arrested, blindfolded, tortured, and chained to the bottom for eight days in Kenya earlier than his extradition to Nigeria.
Nnamdi Kanu’s particular Counsel, Aloy Ejimakor, had approached the courtroom difficult his extradition from Kenya on June 19, 2022.
Ejimakor advised the courtroom that the go well with is sui generis (of a particular class) and was primarily aimed toward redressing the notorious illegal expulsion or extraordinary rendition of Kanu, which is a transparent violation of his basic rights underneath Article 12(4) of the African Constitution on Human and Peoples Rights, in addition to Chapter IV of the Nigerian Structure.
He mentioned, “Along with the rendition, I’m asking the Court docket to redress the myriad violations that got here with the rendition, such because the torture, the illegal detention and the denial of the appropriate to honest listening to which is required by regulation earlier than anyone might be expelled from one nation to the opposite.
“I’m additionally searching for to halt his prosecution and restore him to the established order earlier than his rendition on nineteenth June 2021.
“You’ll recall that on January 19, 2022, the Excessive Court docket of Abia State determined that portion of violation of Kanu’s basic rights that occurred in 2017. Whilst I had made claims that bordered on rendition, the Court docket declined jurisdiction on grounds that rendition, being associated to extradition, lies inside the unique jurisdiction of the Federal Excessive Court docket. That is what knowledgeable my choice to provoke the go well with earlier than the Federal Excessive Court docket.
“To make certain, the extraordinary rendition of Nnamdi Kanu, triggered myriad authorized questions that reduce throughout a number of jurisdictions in Nigeria and even triggered the worldwide authorized order, besides. In different phrases, the rendition has expanded the matter of Kanu far past the realms of the Abuja trial and opened up new authorized frontiers that should be ventilated to the hilt earlier than different courts and tribunals inside and with out Nigeria.
“Thus, this very case earlier than the Federal Excessive Court docket in Umuahia is one among such that’s aimed toward searching for a definitive judicial pronouncement on the constitutionality of the extraordinary rendition. Those in the UK, Kenya, African Union, and the United Nations are as well as.
“I want to seize this chance to specific my profound appreciation to the extremely competent and hardworking staff of legal professionals that I’m main within the prosecution of this advanced go well with. Particular point out should be manufactured from Barristers Patrick Agazie, Ifeyinwa Nworgu, Tochukwu Arugbuonye, Franklin Amandi, Ohaeto Uwazie and Mandela Umegborogu”.
“For ease of reference and avoidance of any doubt, the next are the precise reliefs that I requested within the Go well with”.