Tag: Nnamdi Kanu

  • Court dismisses Nnamdi Kanu’s appeal on unlawful arrest, detention

    Court dismisses Nnamdi Kanu’s appeal on unlawful arrest, detention

    • N1b suit against Fed Govt, DSS for hearing April 18

    The Court of Appeal yesterday dismissed the appeal filed by Felix Okonkwo, one of the lawyers to the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, over his arrest and detention by the police and the Department of State Services (DSS).

    Justice Okon Abang dismissed the appeal for want of merit.

    Delivering judgment, Justice Abang held that the appellant failed to establish miscarriage of justice in the judgment of a High Court of the Federal Capital Territory in Abuja in the matter.

    The appellants, comprising Felix Okonkwo, Ikenna Chibuike, and Okafor Ugochukwu, had dragged the Nigeria Police Force and the DSS before the high court for the enforcement of their client’s fundamental human rights.

    The appellants accused the two security agencies of violating their fundamental rights by their unlawful arrest and detention on September 27, 2021, during which they claimed that they were tortured, harassed, and intimidated in police custody.

    Read Also: Court dismisses Nnamdi Kanu’s appeal on unlawful arrest, detention

    Also, a Federal High Court in Abuja yesterday fixed April 18 for hearing a N1 billion suit filed by Nnamdi Kanu against the Federal Government and the DSS.

    Justice James Omotosho adjourned the matter after Kanu’s counsel, Alloy Ejimakor, indicated his interest to respond to a counter-affidavit jointly filed by the DSS and its Director General.

    Upon resumed hearing, Gbenga Oladimeji, who appeared for Federal Government, informed the court that they were yet to file their response on behalf of first and second defendants because he was only being notified about the process yesterday though they had been served since March 6.

    Oladimeji prayed for an adjournment to enable him respond appropriately.

    But the DSS lawyer, Abdul Danlami, said they had filed their counter-affidavit in opposition to Kanu’s plea.

  • Court dismisses Nnamdi Kanu’s appeal on unlawful arrest, detention

    Court dismisses Nnamdi Kanu’s appeal on unlawful arrest, detention

     The Court of Appeal on Monday dismissed the appeal filed by Felix Okonkwo, one of the lawyers to the  leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu over his unlawful arrest and detention by the Police and the Department of State Services (DSS) .

    Justice Okon Abang dismissed the appeal for want of merit.

    Delivering judgment, Justice Abang held that the appellant failed to establish miscarriage of justice in the judgment of a High Court of the Federal Capital Territory, Abuja in the matter.

    The appellants comprising of Felix Okonkwo, Ikenna Chibuike and Okafor Ugochukwu had dragged the Nigeria Police Force and the DSS before the high court for the enforcement of their client’s fundamental human rights.

    The appellants specifically accused the two security agencies of violating their fundamental rights by their unlawful arrest and detention on September 27, 2021, during which they claimed that they were tortured, harassed and intimidated while in the custody of the Police.

    Justice Samaila Bature had, in his judgment delivered on March 24, 2022 found the police liable for the unlawful arrest and detention of the the appellants and subsequently imposed a fine of N2 million against Police to be paid to the appellants.

    Justice Bature however did not make any order against the DSS because the appellant, then plaintiffs did not disclose any cause of action against the state services.

    Not satisfied with the findings and decisions of the high court, the three plaintiffs had approached the Court of Appeal praying for an order to hold that SSS was also culpable in their arrest and detention.

    They claimed that the N2 million imposed on the police as fine, was paltry and ridiculously low and asked the appellate court to jerk up the fine as compensation for their unlawful arrest and detention.

    Read Also: Pay NASU, SSANU withheld salaries to avoid academic drift – NLC

    In a unanimous judgment by a three-man panel of the appellate court, Justice Abang held that from the video footage tendered as exhibit by the appellants at the trial court, there was no where the operatives of the SSS were found at the scene of their arrest in the house of Ifeanyi Ejiofor in Anambra state.

    He disagreed with the appellants in their claims that the N2 million compensatory damages was grossly insufficient.

    According to Abang, the decision to award compensatory damages is at the discretion of a Judge and cannot be dictated by any plaintiff or appellant.

    In the instant case, Justice Abang agreed with Justice Bature that perculiar facts and circumstances of the unlawful arrest and detention of the appellants were carefully considered at the trial court before arriving at the amount.

    Besides, Justice Abang said that the appellants did not point out irrelevant facts in the judgement of the high court and did not also disclose their status in the society, they did not point out their monthly or yearly income and also did not point out what they lost in the course of their detention.

    “In my opinion and going by the perculiar facts and circumstances of this case, the N2 million compensation to the appellants was properly awarded.

    “I cannot fault the award because the appellant did not give any good reason for them to have been awarded a much higher amount.

    “In the final analysis, the appeals lacks merit and it is accordingly dismissed, the decision of the trial court is hereby affirmed. There is order as to cost”, Justice Abang held.

    Justices Joseph  Oyewole and Abba Bello Mohammed endorsed the unanimous judgment delivered by Justice Abang. (NAN) 

  • UPDATED: Court to rule on Kanu’s fresh bail application March 19

    UPDATED: Court to rule on Kanu’s fresh bail application March 19

    A Federal High Court in Abuja has fixed March 19 for ruling on a fresh bail application filed by the detained leader of the prescribed Indigenous People of Biafra (IPOB) Nnamdi Kanu.

    Justice Binta Nyako chose the date Monday, February 26, after taking arguments from lawyers to parties at the resumed hearing in the terrorism case brought against Kanu by the federal government.

    Kanu is being tried on a seven-count bordering on treasonable felony and terrorism-related offences.

    The trial resumed following the December 15, 2023 judgment of the Supreme Court, which voided the earlier judgment by the Court of Appeal, freeing Kanu.

    The Supreme Court, though faulted the manner Kanu was brought back into the country from Kenya without going through the normal extradition process, however, ordered that he be subjected to trial on the seven counts pending left on the 15-count charge originally filed against him.

    Read Also; Tinubu ready to return southeast as industrial powerhouse – Shettima

    Firm security arrangements were out in place within and around the court premises by personnel of the Department of State Services (DSS), some of whom were hooded.

    Roads around the court complex were blacked, with vehicular and human movements restricted.

    Movement in and around the court building was also highly restricted, which affected the normal sitting of the other courts within the complex.

    Arguing Kanu’s bail application, his lawyer, Alloy Ejimakor prayed to the court to allow his client on bail on health grounds.

    Ejimakor said it would be difficult for his client to prepare for his defence unless admitted to bail to have unfettered access to his lawyers.

    The lawyer claimed Kanu was suffering from acute hypertension and acute heart disease, among others.

    He argued another motion where he asked the court not to allow the continuation of his trial until certain conditions were met by the Federal Government.

    Some of the conditions, he said, include that DSS operatives be barred from interfering with his lawyers during visitation.

    He also requested that the court compel the federal government to allow him to wear the clothes of his choice.

    Prosecuting lawyer, Adegboyega Awomolo (SAN) objected to the defendant’s request for bail.

    Awomolo noted that Kanu was once granted bail, but he jumped the bail and fled the country.

    The prosecuting lawyer added that Kanu breached all the bail conditions earlier set by the court were breached and violated and pleaded with the court to dismiss the request.

    In faulting Kanu’s request in the second motion, Awomolo argues that the defendant has no right under any law to dictate how his trial should be conducted.

    He urged the court to decline the request, arguing that it amounted to a gross abuse of the process of the court that should not be accepted.

  • BREAKING: FG, Kanu engage new lawyers as IPOB leader’s trial resumes

    BREAKING: FG, Kanu engage new lawyers as IPOB leader’s trial resumes

    The prosecution and the defence in the treasonable felony trial of the leader of the proscribed separatist group, the Indigenous People of Biafra (IPOB) Nnamdi Kanu have rejigged their legal teams.

    While the prosecuting team is being led by Adegboyega Awomolo (SAN, replacing David Kaswe, a lawyer with the Federal Ministry of Justice, the defence team is now being led by P. A. M. Ejiofor, who replaced Mike Ozekhome (SAN).

    Read Also: JUST IN: Tight security as Kanu’s trial begins today

    Kanu, who is being held in the custody of the Department of State Services (DSS), has been brought to court this morning, preparatory to the commencement of proceedings.

    While firm security arrangements were in place within and around the court premises, there was a large presence of lawyers, some people dressed like Igbo traditional rulers, family members of the defendant and other supporters.

    Details shortly…

  • Court adjourns Nnamdi Kanu’s N50bn suit against FG until April 22

    Court adjourns Nnamdi Kanu’s N50bn suit against FG until April 22

    A Federal High Court in Abuja on Monday adjourned a N50 billion suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government until April 27 for further mention.

    Justice Inyang Ekwo adjourned the matter after Aloy Ejimakor, the lawyer who appeared for Kanu, informed the court that he had just filed a notice for a change of counsel.

    Ejimakor told the court that he would be taken over the case from Chief Mike Ozekhome, SAN, who filed the suit on April 7, 2022.

    Justice Ekwo directed the lawyer to find out if a similar matter was not before any sister court or other courts pending, or if a judgment had not been delivered in a similar suit.

    The judge, who observed that no counsel appeared for the defendants, ordered that a hearing notice be issued and served on them against the next adjourned date.

    The News Agency of Nigeria (NAN)) reports that Kanu, had sued the Federal Republic of Nigeria (FRN) and Attorney-General of the Federation (AGF) as 1st and 2nd defendants in the suit marked: FHC/ABJ/CS/462/2022.

    Kanu, who sued the defendants over allegations bordering on violation of his rights, alleged that he was kidnapped from Kenya and brought back to Nigeria to stand trial.

    He wants the court to determine “whether the way and manner in which the plaintiff was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws.”

    Particularly, he cited “the provisions of Article 12 (4) of the African Charter on human and peoples rights (ratification and enforcement) Act Cap A9 laws of the Federation of Nigeria, 2004, and Article/Part 5 (a) of the African Charter’s principles and guidelines on human and peoples’ rights while countering terrorism in Africa.”

    Kanu also wants the court to determine “whether by the operation of Section 15 of the Extradition Act Cap E25, Laws of the Federation of Nigeria 2004, the plaintiff can be competently/legally tried for offences stated in counts 1 to 14 of the 15-count amended charge in charge number FHC/ABJ/CR/383/2015 between Federal Republic of Nigeria v. Mazi Nnamdi Kanu.”

    He said the counts “are not the offences for which he was surrendered or extraordinarily renditioned to Nigeria.”

    In the originating summons, the IPOB leader is seeking 11 reliefs, including an order for his release from the Department of State Services (DSS)’ custody.

    He is also seeking an order restraining the defendants from taking any further step to prosecute him over criminal charge no: FHC/ABJ/CR/383/2015, currently pending before a sister court presided over by Justice Binta Nyako.

    Read Also: Nnamdi Kanu gives conditions for reconciliation

    Kanu also asked the court to award the sum of N100 million to him “as the cost of this action.”

    But in a notice of preliminary objection dated Jun 6, 2022, but filed June 27, 2022, the FRN and AGF prayed the court to dismiss the suit, describing it as “an abuse of court process.”

    Giving one ground of argument, the defendants argued that Kanu had filed an earlier suit with similar facts before a Federal High Court, Umuahia Division in suit number: FHC/UM/CS/30/2022.

    They further argued that the two defendants were parties in the suit.

    According to the defendants, this renders this suit as an abuse of court process that deprived the court of the jurisdiction to entertain the instant suit.

    (NAN)

  • Nnamdi Kanu gives conditions for reconciliation

    Nnamdi Kanu gives conditions for reconciliation

    Detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, has given conditions for true reconciliation to be achieved in Nigeria.

    He gave the conditions as siting of an international airport, seaport and building of good roads in the Southeast, to bring the long-abandoned zone on a par with other regions.

    Kanu, who said he was not opposed to genuine restructuring, insisted that Nigeria should be restructured along the 1963 Constitution, if proponents of restructuring are sincere.

    Kanu, whose position was made public by his younger brother, Prince Emmanuel, after a recent visit to the IPOB leader, said his position on the Nigeria project had not changed.

    Read Also; Illegal miners, dredgers face sanction

    He was quoted as blaming those who aborted his meeting with Igbo leaders scheduled for September 15, 2017 in Enugu, for the current chaos in the Southeast, arguing that if his house was not invaded a day before the meeting, perhaps the meeting would have addressed the issues fuelling the agitation for Biafra.

  • BREAKING: Supreme Court reverses Nnamdi Kanu’s acquittal

    BREAKING: Supreme Court reverses Nnamdi Kanu’s acquittal

    The Supreme Court has reversed the decision of the Court of Appeal discharging and acquittal of leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu on the case of treason against him.

    The apex court held that although he was illegally brought back to Nigeria from Kenya when he jumped bail, that development could not have divested the trial court of the jurisdiction to continue his trial.

    Read Also: US lawmaker seeks Nnamdi Kanu’s unconditional release

    Details shortly… 

  • US lawmaker seeks Nnamdi Kanu’s unconditional release

    US lawmaker seeks Nnamdi Kanu’s unconditional release

    Jarvis Johnson, a United States of America (USA) lawmaker, in the House of Representatives from the State of Texas, District 139, has called on Nigeria’s Supreme Court to order the unconditional release of the leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, from his long detention.

    The Supreme Court is expected to deliver judgment in two separate appeals filed by Kanu and the federal government on Friday, December 15.

    The IPOB leader has been in the custody of the Department of State Services (DSS) since his extradition from Kenya on June 19, 2021.

    In a statement, Johnson said: “The consensus of legal opinion, within and outside Nigeria, expects the supreme court to affirm this plethora of judgments and orders.

    “The undisputed facts are as follows; MNK was extraordinarily renditioned by the government of Nigeria (GON ) from Kenya on June 27, 2021.

    “Then, and now, he is the leader of the Indigenous People of Biafra (IPOB), a non-violent group, advocating for an internationally supervised referendum to resolve the Biafran issue within the Nigeria polity.

    “Recently, on October 30, 2023, the high court of Enugu state held that the classification of IPOB as a terrorist group by the GON and the southeast Governor’s Forum contravenes Section 42 of the Nigerian constitution.

    Read Also: Igbo youths to Tinubu: please release Nnamdi Kanu, we will celebrate you

    “It follows that the present and any future treatment of IPOB, its leadership and members as a terrorist group is illegal, and per se, discriminatory. Therefore, there is now no valid legal basis for the continued solitary confinement of MNK.

    “Many other Nigerian courts which had previously opined on the matter, including the high court in Umuhia, Abia state; the court of appeals in Abuja, had also reached similar conclusions, and have ordered for the immediate and unconditional release of MNK. There is no pending legal matter against MNK.

    “On July 20, 2022, the United Nations Human Rights Council issued an opinion which found that MNK’s solitary confinement was in violation of International Human Rights Conventions to which Nigeria is a signatory and called for his immediate and unconditional release.

    “That MNK was extraordinarily renditioned is not in dispute; and that extraordinary rendition is illegal under Nigerian and International Law is also not in dispute.

    “Therefore, call on the Nigerian supreme court to uphold or affirm the considered judgments of its subordinate courts, and of the many International Tribunals, by ordering the immediate and unconditional release of Mazi Nnamdi Kanu.

    “This anticipated ruling will hasten the process of restoring confidence in the Nigerian judiciary, of which the supreme court is its apex court.”

  • Igbo youths to Tinubu: please release Nnamdi Kanu, we will celebrate you

    Igbo youths to Tinubu: please release Nnamdi Kanu, we will celebrate you

    The Coalition of South East Youth Leaders (COSEYL) has called on President Bola Tinubu to release the leader of the Indigenous People of Biafra (IPOB) Mazi Nnamdi Kanu from DSS custody. 

    The socio-political group said in a statement made available to the Nation by its president general, Goodluck Ibem, on Saturday, December 9, that it would celebrate President Tinubu if he upholds the rule of law by setting Nnamdi Kanu free from DSS custody.

    The statement reads in part: “President Tinubu has before now been an advocate of the rule law and respect for court orders which informed his decision to be part of NADECO which fought against military junta and dictatorship.

    “The unconditional release of Nnamdi Kanu will prove that President Tinubu says and stands by what he professes and fought for in the past during the military era.

    Read Also: Ohanaeze plans to meet Tinubu over Nnamdi Kanu – Iwuanyanwu

    “The entire southeast geopolitical zone is waiting earnestly to receive their son Mazi Nnamdi Kanu as the Supreme Court decides on his matter on 15 December 2023.

    “We will celebrate President Tinubu for upholding the rule of law and respecting the Court judgment by releasing Nnamdi Kanu from DSS custody.”

    The group said that the insecurity in the southeast would stop with the release of the IPOB leader.

  • Southeast leaders, governors, in fresh call for Nnamdi Kanu’s release

    Southeast leaders, governors, in fresh call for Nnamdi Kanu’s release

    • Supreme Court to hear FG, IPOB leader’s case Oct 5

    As a way of reducing the security challenges in the Southeast, the leaders and governors in the region are making a fresh move to get the leader of the proscribed Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu released.

    However, the Supreme Court has fixed October 5, for a hearing on the appeal filed by the Federal Government against the judgement of the court of Appeal, which quashed and acquitted the IPOB leader of treasonable charges.

    The leaders in the region alleged that the continuous incarceration of Kanu, even after being granted freedom by the court, has worsened the security situation in the zone.

    The leaders disclosed this during the 2023 Igbo Day Celebration, organised by the Ohaneze Ndigbo Worldwide and hosted by Gov. Peter Mbah of Enugu State on Friday in Enugu.

    The event which was chaired by the Chief Executive Officer, Atlas Oranto Petroleum Limited, Prince Arthur Eze, had many prominent Igbo sons and daughters from the five southeast states, including Rivers and Delta states, in attendance.

    Read Also: Reps committee begs Tinubu to release Nnamdi Kanu

    The President General of Ohaneze Worldwide, Chief Emmanuel Iwuanyanwu, said most of the killings in the zone are blamed on the non-release of Kanu from detention.

    He said Ohanaeze Ndigbo had carefully reviewed Kanu’s case and could not find any just reason why he could not be released.

    Iwuanyanwu said Ohaneze had for several months pleaded with the Federal Government (FG) to release him.

    “I hereby once again, on behalf of Ohanaeze Ndigbo worldwide, appeal to the FG to release Mazi Nnamdi Kanu, more so, when a court of competent jurisdiction in Nigeria had declared him innocent.

    “As the President General of Ohaneze Ndigbo, I consider myself a father and it pains me so much when my children are killed on a daily basis.

    “It pains me when most of them have both their lives and livelihood destroyed, I will strongly appeal to the FG in view of the fact that over two years, the situation has persisted. We need to adopt a non-kinetic approach,” he said.

    He added that he strongly believed that if Kanu was released and a non-kinetic approach was adopted, the unnecessary killings and destruction of lives and property would be reduced and even stopped.

    Iwuanyanwu, who described the Igbo Day celebration as an important event for all Igbos, said the event was the beginning of a turnaround for southeast development and transformation.

    In an opening remark, Arthur Eze said it had become necessary for the leadership of Ohanaeze to positively engage the FG for the release of Kanu whose reported health condition attracts huge sympathy.

    He explained that Igbos had made some cases relating to marginalization in the past while some of the cases may have had merit, “I am of the view that long-lasting results can be achieved through round table discussions, strong undivided leadership and an organized political structure”.

    “Based on this, no number of meetings with the FG or political consultations on the matter will be too much.

    “If the governors fail to do something urgently to arrest the current financial and human capital flight, currently being experienced in the southeast, the trend will continue to do irreparable damage to the posterity of the people,” Eze said.

    While congratulating President Bola Tinubu for his victory at the polls, Eze appealed to him to accommodate more Igbos in his administration.

    Speaking, Ebonyi Governor, Francis Nwifuru, represented by his Deputy, Mrs Patricia Obila, emphasized the need for all Igbos to unite and speak with one voice to ensure the speedy release of Kanu as well as the development of Igboland.

    Welcoming the celebrants, Gov. Mbah of Enugu said he was excited about the large turnout of people that attended the event.

    While appreciating Ohaneze for organising the Igbo Day, the Governor of Anambra State, Prof. Charles Soludo, said Igbos should stop lamenting insecurity in the zone but acknowledge that “today is better than yesterday”.

    He said, “There is no crime-free society anywhere in the world,” adding that the Southeast governors should work together for the benefit of all Igbos.

     Supreme Court to hear FG, Nnamdi Kanu’s Case Oct 5

    According to a statement on Saturday, by the IPOB’s lead counsel, Ifeanyi Ejiofor (Esq), the apex court will on October 5, hear a “frivolous appeal” filed by the Federal Government of Nigeria against the judgement of the Court of Appeal; and to further set aside the ruling of the Court of Appeal staying the execution of its earlier judgement.

    Earlier, Justice Binta Nyako of the Federal High Court sitting in Abuja, had on April 8, 2022, struck out eight out of the 15-count treasonable felony charge levelled against Kanu, by the Federal Government.

    The ruling followed an application by Mike Ozekhome (SAN), on behalf of Kanu, which had sought an order quashing the entire charge against the IPOB leader.

    Ozekhome had maintained that the charge against Kanu was legally defective, insisting that the court lacked the jurisdiction to prosecute him over an incompetent charge.

    Ozekhome told the Federal High Court that Kanu was “unlawfully, brutally and extraordinarily renditioned from Kenya without his consent.”

    He contended that since some of the charges against Kanu were purportedly committed outside Nigeria, the trial court lacked the territorial jurisdiction to hear the matter.

    Also, the Court of Appeal, Abuja Division, had on October 13, 2022, upheld the ruling of the lower court and consequently ordered the Federal Government to release the IPOB leader.

    But in an appeal filed at the Apex Court, the Federal Government prayed that the judgement of the lower court be set aside.

    Unconditional release of Nnamdi Kanu will restore peace in Southeast -IPOB

    In the same vein, IPOB has also said that the unconditional release of their Nnamdi Kanu from DSS detention will restore peace in the Southeast region.

    The pro-separatist group insisted that it was by setting the IPOB leader free by the court that peace could be restored in the region and by extension to Nigeria.

    According to the group, the arrest of Kanu gave rise to insecurity and criminality in the Southeast because of the love people have for him.

    The statement by the group Media and Publicity Secretary, Emma Powerful reads: “The global movement and family of the Indigenous People of Biafra (IPOB) ably led by Nnamdi Kanu once again reiterate that the unconditional release of Mazi Nnamdi Kanu from the DSS solitary confinement will restore peace in the Southeast and by extension to Nigeria nation.

    “The absence of our supreme leader, Mazi Nnamdi Kanu, due to his kidnap in Kenya by the Nigerian government, gave rise to the insecurity and criminality in Biafraland today because Biafrans love him.

    “At the same time, his continuous illegal incarceration in the DSS solitary confinement, despite the court judgments that ordered his unconditional discharge and release, has worsened the security situation in Biafraland and elsewhere in Nigeria.

    “Some sponsored criminals go about kidnapping for ransom and snatching cars from unsuspecting persons in the name of demanding the release of Mazi Nnamdi Kanu. His release will stop all of that.

    “If indeed the Supreme Court Justices are interested in saving Nigeria and the people of the Eastern Region, they should uphold the international and local laws and free Mazi Nnamdi Kanu. Kidnapping and extraordinary rendition of an accused person is a grievous offense according to international laws.

    “We are patiently waiting to see if the Supreme Court of Nigeria as the Constitutional Court will legalize the international crime of extraordinary rendition or deliver justice. More so, we want to see if the Justices of the Supreme Court of Nigeria will go against the UN Charter on People’s Right to Self Determination, which Mazi Nnamdi Kanu represents by agitating for Biafra freedom.”