The Abuja Division of the Federal High Court has been asked to declare
the leader of the proscribed Indigenous People of Biafra, IPOB, Mazi
Nnamdi Kanu, a fugitive.
Nnamdi Kanu The plaintiff, Mr. Donald
Okonkwo, who identified himself as “a law-abiding citizen” and indigene
of Agbor town in Delta North Senatorial District, wants the court to
determine whether the British Government, is not under obligation to
repatriate the IPOB leader who he described as “a fugitive cum
terrorist”, to Nigeria.
Cited as defendants in legal action are
the British High Commission in Nigeria, the Department of State
Services, DSS, and the Attorney General of the Federation and Minister
of Justice, Abubakar Malami, SAN.
He prayed the court to order
the UK government to within 21 days after delivery of judgement in the
matter, repatriate Kanu to Nigeria for prosecution.
Specifically, the plaintiff, through its counsel, Mr. Abiodun Babalola, prayed the court to determine the following issues:
“Whether
the 1st Defendant is not under obligation to repatriate the IPOB
separatist leader, Mazi Nnamdi Kanu, being a fugitive cum terrorist from
the Great Britain where he has been hiding since September, 2017 under
the cover of his citizenship status back to Nigeria so he can stand his
trial for treasonable felony, amongst other sundry offences, pending
against him before Honourable Justice (Mrs.) Binta Nyako of the Federal
High Court Abuja?
“Whether by a true interpretation of Sections
1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013 the 2nd
Defendant has not abdicated his duties by failing, neglecting or
omitting to arrest and extradite the IPOB separatist leader, Mazi Nnamdi
Kanu, from the Great Britain back to Nigeria so he can stand his trial
for treasonable felony, amongst other sundry offences, considering the
Bench Warrant issued on 28th March 2019 by Honourable Justice (Mrs.)
Binta Nyako of the Federal High Court Abuja for the arrest of Mazi
Nnamdi Kanu after it was determined that he flouted his bail conditions?
“Whether the 3rd Defendant, as the Chief Law Officer of the
Federation is not under a statutory duty to advise the President and
Commander-in-Chief of the Armed Forces of the Federal Republic of
Nigeria to severe diplomatic relations with the 1st Defendant for
harbouring Mazi Nnamdi Kanu being a fugitive cum terrorist in Great
Britain and whether the failure of the 3rd Defendant does not amount to
abdication of his duties under the of the Terrorism (Prevention)
(Amendment) Act, 2013?
Upon determination of the legal
questions, he wants: “A declaration that the British High Commission,
that is, the 1st Defendant is under obligation to repatriate the IPOB
separatist leader, Mazi Nnamdi Kanu, being a fugitive cum terrorist from
the Great Britain where he has been hiding since September 2017 under
the cover of his citizenship status back to Nigeria so he can stand his
trial for treasonable felony, amongst other sundry offences, pending
against him before Honourable Justice (Mrs.) Binta Nyako of the Federal
High Court Abuja.
“A declaration that by a true interpretation of
Sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013
the 2nd Defendant has abdicated his duties by failing, neglecting or
omitting to arrest and extradite the IPOB separatist leader, Mazi Nnamdi
Kanu, from the Great Britain back to Nigeria so he can stand his trial
for treasonable felony, amongst other sundry offences, considering the
Bench Warrant issued on 28th March, 2019 by Honourable Justice (Mrs.)
Binta Nyako of the Federal High Court Abuja for the arrest of Mazi
Nnamdi Kanu after it was determined that he flouted his bail conditions.
“A declaration that the 3rd Defendant as the Chief Law Officer
of the Federation is under a statutory duty to advise the President and
Commander-in-Chief of the Armed Forces of the Federal Republic of
Nigeria to sever diplomatic relations with the 1st Defendant for
harbouring Mazi Nnamdi Kanu being a fugitive cum terrorist in Great
Britain and that his failure to so advise amount to abdication of his
duties under the of the Terrorism (Prevention) (Amendment) Act, 2013.
“An
order compelling the 1st & 2nd Defendants to forthwith arrest and
repatriate Mazi Nnamdi Kanu from wherever he is hiding in Great Britain
back to Nigeria to stand his trial within 21 (Twenty One) days from the
date of delivery of judgment in this suit.
As well as, “An order
directing the 1st Defendant to tender public apology to the Federal
Republic of Nigeria in 3 (Three) national dailies within 21 (Twenty One)
days from the date of delivery of judgment in this suit for her
complicity in facilitating the escape from justice and harbouring of
Mazi Nnamdi Kanu in the Great Britain, thereby allowing him to cause
innocent Nigerian citizens serious emotional trauma through the
instrumentality of incessant threat of violence, breach of peace and
overthrow of the legitimate government in Nigeria”.
Meanwhile, no date has been fixed for the suit to be heard.
VANGUARD
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