Legal Nigeria

Nnamdi Kanu sues Malami over ‘rights violation’, demands N5bn as damages

Nnamdi Kanu sues Malami over ‘rights violation’, demands N5bn as damages

By Bolanle Olabimtan

Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra, has instituted a suit against Abubakar Malami, attorney-general of the federation (AGF), and the Department of State Services (DSS) for allegedly violating his fundamental human rights.

Kanu, who is currently in DSS custody, filed the suit on Tuesday through his counsel, Aloy Ejimakor.

In the suit marked HIH/FR14/2021, Kanu is asking the Abia state high court to compel the AGF, DSS and other respondents to pay him N5 billion in damages as monetary compensation for the “physical, mental, emotional, psychological and other damages” suffered as a result of the alleged infringements on his fundamental rights.

Aside from the AGF and the DSS director-general, other respondents include the federal government of Nigeria (first), chief of army staff (third), inspector-general of police (fifth), and three others.

The IPOB leader also secured an order from the high court of Abia state to serve, by substituted means, an application for enforcement of his fundamental rights.

Kanu submitted that apart from his “controversial extradition” to Nigeria, his rights have been infringed upon since 2017 when he fled the country due to an alleged threat to his life by security agents.

He is asking the court to declare that his extradition from Kenya to Nigeria, his continued detention, and the planned prosecution in suit number FHC/ABJ/CR/383/2015 (federal republic of Nigeria v. Nnamdi Kanu) “is illegal, unlawful, unconstitutional” and amount to an infringement on his fundamental rights.

He is also seeking “an order 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),” the document reads.

“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 (3) national dailies.

“An order mandating and compelling the respondents to pay the sum of N5,000,000,000.00 (Five Billion Naira) 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.”

Hearing in the suit has been fixed for September 21, before K.C.J. Okereke, the judge.