[Update]: IPOB Lawyer Heads To Court Over Nnamdi Kanu’s Health, Demand ₦5b

The presence of security agents caused tensions in Abia State, on Tuesday, as Aloy Ejimakor, a lawyer of the leader of the Indigenous People Of Biafra (IPOB) Nnamdi Kanu, approached the court over the pro-Biafra activist’s health.

It was gathered that due to the appearance of Ejimakor at the court, security agents, which include military, police and other agencies, had condoned off the premises of the court.

This led to fear among residents and road users in Umuahia, the state capital.

Nnamdi Kanu’s lawyer had filed an exparte order asking the court to make an interim order of release of Kanu to attend to his health in any medical facility of his choice in Nigeria, pending the hearing of the motion, amongst other things

He asked the court for the substitution service on the motion on notice third and fourth respondents.

Ejimakor also asked that Nnamdi Kanu be returned to Kenya where he was “abducted”, and subsequently Britain his country of abode before the federal government would apply for his repatriation.

He demanded an apology from the federal government and ₦5 billion damages for the violation of his Fundamental Rights.

Others prayers by the IPOB Leader include:

“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).

“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.

“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).

” 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).

”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.

”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).

”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 national dailies.

”An order mandating and compelling the respondents to pay the sum of N5 billion 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”

Ruling, Justice K. C. J. Okereke, of the Umuahia High Court, struck out the application.

The judge asked Ejimakor to put all respondents on notice.

Okereke however granted the application for substituted service on third, fifth, and seventh respondents.

The judge adjourned till September 21 for hearing of the motion on notice.

Speaking to PUNCH after the hearing, Ejimakor said, “Today, 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 is filed and pending before the High Court of Abia State. The substantive matter will be heard on 21st September, 2021 in Umuahia.”