The action, E/20/2023, filed by Kanu's Special Counsel, Aloy Ejimakor, in an Enugu State High Court, seeks the court's order that self-determination is not a crime and hence cannot be utilised to arrest, detain, and prosecute Kanu and members of IPOB.
President Muhammadu Buhari, the Attorney General of the Federation and Minister of Justice, as well as South East governors, are also named as defendants in the complaint.
Yesterday, Ejimakor said that the court should prevent the respondents from pursuing "any criminal prosecutions of the applicant and members of IPOB on the basis of the aforementioned proscription of IPOB and its registration as a terrorist group."
"The suit began with an originating application brought pursuant to Order II Rules 1 and 2 of the Fundamental Rights (Enforcement Procedure) Rules 2009, Section 42 of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Articles 2, 3, 19, and 20 of the African Charter on Human and People's Rights (Ratification and Enforcement) Act, and under the court's jurisdiction as preserved by Sections 6 and 46 of the Constitution of the Federal Republic of Nigeria," he said.
Kanu further claimed that the proscription of IPOB and its designation as a terrorist organisation violated Section 42 of the 1999 Constitution as amended, as well as Articles 2, 3, 19, and 20 of the African Charter on Human and People's Rights (Enforcement and Ratification) Act. There is no set date for the hearing.
Similarly, Ejimakor informed The Guardian yesterday that he has filed a new court case to prevent the Attorney General of the Federation and Minister of Justice, Abubakar Malami, from repeating his assertions that Kanu fled bail in 2017.
Kanu, according to Ejimakor, is requesting the court in the stated suit, filed at the Abia State High Court in Umuahia, grant him various reliefs, including N20 billion in general and exemplary damages.
He called Malami's repeated accusation that Kanu had jumped bail libellous and defamatory, given that an Umuahia court had determined that Kanu had not jumped bail.
(Source: guardian.ng)
