Kanu's Rights Abuse Case : Abia Court Reserves Judgement - THE DAILY CRUCIBLE



Saturday, December 11, 2021

Kanu's Rights Abuse Case : Abia Court Reserves Judgement

••• As FG's Counsel Says Kanu Case Is Going Nowhere

                            •Kanu's counsel yesterday

                      •The Kanu's counsel
The Daily Crucible | Saturday, December 11, 2021
By Godwin Akomah, Umuahia
Hearing of the human rights abuse suit instituted at Umuahia High Court in Abia State against the federal government and her agents by the legal team of Kanu leader of the proscribed separatist group - Indegenous People of Biafra(IPOB), closed on Friday with the presiding Justice Benson Anya saying the court will give notice of judgement to parties involved.

This followed the adoption of processes, reviewed motions, counter motions and submissions by both counsel of parties.

The IPOB leader through his counsel, Aloy Ejimakor,
 is seeking:“an order compelling the respondents to release Kanu from detention, an order compelling the respondents to issue a letter of apology to Kanu, a declaration mandating the respondents to pay Kanu the sum of N5bn for the physical, emotional and psychological trauma instilled on him and “such orders the federal government may deem fit to make.”

Kanu is also praying the court to direct the federal government and her agents to compensate his client with the sum of N5bn (Five billion Naira), and to declare that the way and manner he was forced back to Nigeria from Kenya without due legal procedures negates the agreed UN  standard of which Nigeria is a signatory to.

He equally prayed the court to grant the demand for the federal government to immediately release him from detention and render apology to his him for the gross violation of his rights.

Counsel of both parties speak with newsmen

Lead counsel for the IPOB leader, Aloy Ejimakor had on the 26th of August, 2021 approached the court with an application on Kanu's fundamental human rights allegedly trampled upon by the government and its agencies.

He expressed satisfaction that the case instituted on August, took less than four months to be concluded, further expressing the confidence that the team was able to convince the court to grant its prayers.

According to him, there is hope that the court will have no other choice but to grant all their prayers.

 He reckoned that despite the numerical strength of the respondents - (Fed's team), they were able to overcome their legal opposition as the facts overwhelmed them by mustering superior counter legal claims.

For the respondent's lead counsel, Mr. Amos Tori, he said that they were able to cover the claimant's legal eyes from noticing that their prayer is legally unenforceable since they did not successfully address the way and manner the Chief of Army Staff (an integral part of Nigerian security system) could legally be compelled to restitute the POB leader.

Answering a major question from the press which borders on the respondent's expectation when the court delivers it's judgement?

His word, "Just like a pregnant woman, you don't know whether she will deliver a baby boy or a baby girl. But from the submission we made, we are hopeful especially on the issues I raised ... based on section 115.

"Again, the Chief of Army Staff is not a juridistical personality, you can not sue  him as a person. But you can sue the Nigerian Army Council  for the purpose of compensation, but the petitioners failed to join the Army Council who is supposed to pay and not the Chief of Army Staff, the case is going nowhere. You can not enforce it."

"Then thirdly, the issue of forum shopping is not allowed in our jurisprudence. That is to say that judgement from a different country is difficult to reconcile with in another country."

However, National Igbo Youth President, comrade Igboayika Igboayika,  who accompanied Mazi Nnamdi Kanu's legal team to the court on Friday, said they have a positive high expectation that the court will be able to address the injustice being perpetrated by the government against Onyendu Mazi Nnamdi Kanu.

He lashed out at the Nigerian security agencies which denied the people the right to free movement while the case lasted in the court. 
Heavy  security operatives comprising members of Department  State Security Services(DSS)and the Police cordoned off the entire roads leading to the court premises even as they also barricaded the adjoining oned.

Every movement was seriously scrutinized to discourage crowd getting to the venue.

 Cars were only allowed inside the court premises if only it was ascertained that the person had an urgent business within the court.

 Only lawyers who dressed in their proper attire were not subjected to rigorous questioning, but others who wanted to gain entry into the court for their cases called their lawyers on phones to confirm any information being given out by them.

 Most of the court rooms were shut as there weren't in sessions aside the court  hearing the IPOB leader's case.

Getting information about the development was difficult for many having matters in court on Friday as the security personnel relentlessly roamed the length and breadth of the court premises menancingly.

The court which began sitting few minutes after 9am did not rise until it was almost evening time.

More disturbing was the fact that commercial vehicles avoided the route yesterday and people leaving the court preimses had to trek a distance to access the nearest point where they boarded vehicles to their various destinations.

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