The High Court of Abia State today resumes hearing of the case between the embattled leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu and the Federal Government.
His legal adviser, Aloy Ejimakor, has said he is optimistic the pro-Biafra activist would win in court today.
Ejimakor while interacting with newsmen yesterday, likened Kanu’s case to that of Yoruba Nation agitator, Sunday Adeyemo, better known as Sunday Igboho.
Naija News recalls that an Oyo State High Court sitting on September 17, awarded, amongst others, N20bn in damages against the Department of State Services for raiding of Igboho’s Ibadan residence and destruction of his property
Ejimakor had in early September, approached the court, praying that the sum of N5bn is awarded as damages for the breach of Kanu’s fundamental human rights which began with the 2017 extrajudicial attempt on his life in Abia, his involuntary flight to safety/exile, his abduction in Kenya, and his extradition to Nigeria.
He also prayed the court to declare that the arrest, torture and detention of Kanu by the Nigerian government were unconstitutional.
In the suit, no HIH/FR14/2021, the respondents include the Federal Government of Nigeria (1st), Attorney General of the Federation (2nd), Chief of Army Staff (3rd), Inspector General of Police (5th), Director General, State Security Services (7th) and three others.
The IPOB leader had secured an order from the court to serve by substituted means an application for enforcement of his fundamental rights.
According to the Punch, Kanu’s lawyer in a chat on Monday was instructive that his client would secure victory before Justice K. C. J. Okereke of the High Court of Abia State on Tuesday, September 21, 2021.
Naija News reports that the hearing of the case will commence in Umuahia by 9 am today.
In his words, Kanu’s counsel said, “I have confidence that the Abia Court will uphold the law. The Oyo State High Court judgment in Igboho’s case (which is similar to Kanu) is instructive and underscores the wide powers of State High Courts when it comes to enforcement of fundamental rights.
“The Court will check in its file whether proof of service on each of the eight respondents have been filed in the Court’s file.
“Given that the Suit was filed on 7th September, it is expected that service of process must have been completed by now. And if service was accomplished, the Respondents have five days to file their counter affidavit from the date of completion of service.
“Where a respondent fails to respond within five days, such respondent shall be deemed to have admitted the facts averred in the affidavit and judgment shall be entered in favour Nnamdi Kanu.”