SAN FRANCISCO, October 09, (THEWILL) – The Federal High Court sitting in Abuja was, on Friday, asked to order the British High Commission and the Nigerian Immigration Service, NIS, to arrest and repatriate the leader of the proscribed Indigenous People of Biafra, IPOB, Nnamdi Kanu, from the United Kingdom where he is allegedly hiding, back to Nigeria to stand his trial.
Kanu and some other members of IPOB are being tried before Justice Binta Nyako (also of the Federal High Court, Abuja) for alleged treason.
The court granted only Kanu bail on health grounds on April 25. In meeting the bail conditions, three individuals, including Senator Eyinanaya Abaribe, stood surety for Kanu to guarantee that he would attend court until the trial is concluded.
But Kanu’s lawyer, Ifeanyi Ejiofor, recently raised an alarm that he did not know the whereabouts of his client since the army raided house in Umuahia Abia State during Operation Python Dance II. He alleged that the military might have abducted or arrested him.
This claim by Kanu’s lawyer about his client’s whereabouts was, however, countered in an interview by former Abia State governor Orji Uzor Kalu, who said Kanu had escaped to Britain through Malaysia.
An indigene of Abia State, Ugochukwu Kenneth, in a suit filed by his lawyers, Obor John and Tersagh Unande, agreed with the ex-governor’s position on Kanu’s whereabouts and requested that the NIS be compelled to repatriate him to enable him face his trial, which is expected to resume on October 17.
The applicant wants the court to make an order directing the Attorney-General of the Federation to advise President Muhammadu Buhari to declare the British High Commission as persona non grata for its complicity in facilitating and harbouring a fugitive from justice in her territory being the United Kingdom. Joined in the case with suit number FHC/ABJ/ CS/9300/17 are the British High Commission, the Comptroller, Nigerian Immigration Service and the Attorney-General of the Federation. The case has been assigned to Justice John Tsoho and will be heard on October 12.
In the suit, the plaintiff asked the court to determine whether by a true interpretation of Sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013 the 1st and 2nd Defendants have not abdicated their duties by failing, neglecting or omitting to prevent and arrest the IPOB separatist leader, Mazi Nnamdi Kanu, who is standing trial for treason and terrorism in Nigeria from illegally travelling to the United Kingdom. He also asked the court to determine whether the British High Commission is not under obligation to repatriate Kanu.
The plaintiff prayed the court for the following reliefs: “A declaration that by a true interpretation of Sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013 and Section 2 (1) of the Immigration Act 2015, the 1st and 2nd Defendants have abdicated their duties by failing, neglecting or omitting to prevent and arrest the IPOB separatist leader, Mazi Nnamdi Kanu, who is standing trial for treason in Nigeria from illegally travelling to the United Kingdom and remaining as a fugitive from justice in the United Kingdom.”
A declaration that the British High Commission is under obligation to repatriate Kanu – a fugitive from justice, irrespective of him holding dual nationalism of Nigeria and the United Kingdom, back to Nigeria to stand trial for the offences of treason and terrorism pursuant to the provisions of the Terrorism (Prevention) (Amendment) Act 2013 and the United Nations Convention on Terrorism.”
He also prayed the court for an order compelling the 1st and 2nd Defendants to arrest and repatriate Kanu from the United Kingdom back to Nigeria to stand his trial. He prayed the court to make an order compelling the 3rd Defendant to advise the President of the Federal Republic of Nigeria to declare the British High Commission persona non grata for her complicity in facilitating and harbouring a fugitive from justice in her territory being the United Kingdom.
In the affidavit in support of the suit, deposed to by the plaintiff, he averred: “That consequent upon the above condition, Senator Enyinnaya Abaribe, the Senator representing the good people of Abia South Senatorial District of Abia State, Tochukwu Uchendu and Jewish Chief High Priest Immanuel –El Shalom Oka-Ben Madu perfected the bail bond which facilitated the release of Kanu.
“That upon the perfection of the bail and consequent release of Kanu from prison custody, Kanu has, to the best of my knowledge, breached all the bail conditions to wit; granting press interviews while on bail, participating in rallies, or being found in a crowd of more than 10 persons in the course of the bail and to make matters worse, Kanu has finally travelled to the United Kingdom in an attempt to escape trial and the arm of the law.
“That I know as a fact that the illegal disappearance of Mazi Kanu from the shores of Nigeria to the United Kingdom would not be possible, if not for gross display of negligence on the part of the 2nd Defendant as well as complacency of the 1st Defendant who aided the illegal travel of Kanu, considering the fact that he holds citizenship of the 1st Defendant.”
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