The Federal High Court sitting in Umuahia, Abia State, yesterday, adjourned the hearing of the fundamental rights suit filed by the Indigenous People of Biafra (IPOB’s), leader, Mazi Nnamdi Kanu, against President Muhammadu Buhari, the Federal Government (FG) and the Attorney General of the Federation (AGF), Abubakar Malami.
In the suit filed by Special Counsel for the plaintiffs, Mr. Aloy Ejimakor, Kanu was challenging his alleged extra-ordinary rendition from Kenya to Nigeria by alleged agents of the FG on June 28, 2021.
When the matter came up on March 25, 2022, before the court presided over by Justice Evelyn Anyadike, it was adjourned till yesterday for the court to resolve the issue of whether it has jurisdiction to entertain the suit.
Ejimakor said that the court had, on its own motion, directed the parties in the suit to address it on whether it has jurisdiction or not based on the fundamental rights violation allegation against the FG, which occurred in Kenya.
He recalled that at that first hearing of the matter, the court had adjourned the matter for hearing the parties on their written addresses on the jurisdiction to April 27, 2022.
“But when the matter was called up, yesterday, for hearing, it emerged that the respondents, the FG, the President and the AGF, did not file the address on point of law as was directed by the court on March 25, 2022.”Ejimakor said.
He added that it was for this reason that Amos Enoch, leading other lawyers from the office of the AGF who appeared for the three respondents, pleaded with the court to grant the respondents an extension of time to file their written addresses.
According to Kanu/IPOB’s Special Counsel, upon consideration, the court granted their request and adjourned the matter to May 12, 2022, for hearing on the written addresses of the parties.
Recall that in the originating suit, Kanu is seeking for the enforcement of his Fundamental Rights against unlawful arrest, torture, detention, disappearance, his right to fair hearing and, above all, his right against unlawful expulsion, which Ejimakor submitted, and which amounts to extra-ordinary rendition.
Among the reliefs Kanu sought are an order of the court prohibiting the prosecution of the IPOB leader on the strength of the unlawful rendition; his repatriation to his last place abroad or to his country of nationality, Britain, N25 billion damages and a public apology.
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