A native of Afara Village, in Abia State, Mr. Ugochukwu Kenneth, has
filed a suit before the Federal High Court in Abuja, seeking among
others, an order directing the British High Commission and the
Comptroller-General of the Nigeria Immigration Service, Mr. Mohammed
Babandede, to arrest and extradite the leader of the proscribed Indigenous People of Biafra, Nnamdi Kanu, from the United Kingdom.Kanu, who is also a citizen of Britain, hails from Afara village in Nigeria.
The suit with number, FHC/ABJ/CS/930/2017, was filed on October 5, 2017 and has since been assigned to Justice John Tsoho.
The British High Commission, the Comptroller-General of NIS, and the
Attorney General of the Federation and Minister of Justice, Mr. Abubakar
Malami (SAN), are the defendants in the suit.
The plaintiff stated in his affidavit filed in support of the suit that
he was an indigene of Afara village in Abia South Senatorial District
of Abia State, which was being represented in the Senate by Senator
Eyinnaya Abaribe.
Kenneth stated that Abaribe was among the sureties for the bail granted
Kanu in his (Kanu’s) ongoing trial before the Federal High Court in
Abuja.
He said if Kanu failed to appear in court, Abaribe’s freedom could be
in jeopardy, adding that if the senator was arrested, the people of Abia
South Senatorial District would be denied representation at the Senate
and by extension the dividends of democracy.
He stated, “That upon the perfection of the bail and consequent
released of Mazi Nnamdi Kanu from prison custody, Mazi Kanu has to the
best of my knowledge breached all the bail conditions to wit; granting
press interviews while on bail, participating in any rally, or being
found in a crowd of more than 10 persons in the course of the bail and
to make matters worse, Mazi 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 if Mazi Nnamdi Kanu who has travelled to
the United Kingdom in an attempt to escape justice, fails to appear in
court on the next adjourned date being 17th October, 2017 the freedom of
the senator representing my district and other co-sureties will be in
jeopardy.
“That consequent upon the above, if Senator Abaribe who is my
representative is finally arrested as required by law, myself and the
good people of Abia South Senatorial District will be denied
representation at the Senate and by extension the dividends of
democracy.”
“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 second defendant
(CG of NIS) as well as complacency of the first defendant (the British
High Commission) who aided the illegal travel of Mazi Kanu considering
the fact that he holds citizenship of the first defendant.”
The plaintiff therefore wants the court to declare that by virtue of
sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013
and Section 2 (1) of the Immigration Act 2015 the British High
Commission and the Comptroller-General of NIS “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.”
He, through his lawyers, Obor John, and Tersagh Unande, are also
seeking, “A declaration that the British High Commission is under
obligation to repatriate Mazi Nnamdi 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.
“A declaration that the third defendant (the AGF) 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 declare the 1st Defendant a persona non grata for
harbouring Mazi Nnamdi Kanu- a fugitive from justice and his failure
amount to abdication of his duties under the of the Terrorism
(Prevention) (Amendment) Act, 2013.
“An order compelling the first and second defendants to forthwith
arrest and repatriate Mazi Nnamdi Kanu from the United Kingdom back to
Nigeria to stand his trial.
“An order directing the third defendant (the AGF) to advise the
President of the Federal Republic of Nigeria to declare the British High
Commission as persona non grata for her complicity in facilitating and
harbouring a fugitive from justice in her territory being the United
Kingdom.”
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