The Abuja Division of the Federal High Court has been asked to declare the leader of the proscribed Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu, a fugitive.
The plaintiff, Mr. Donald Okonkwo, who identified himself as “a law-abiding citizen” and indigene of Agbor town in Delta North Senatorial District, wants the court to determine whether the British Government, is not under obligation to repatriate the IPOB leader who he described as “a fugitive cum terrorist”, to Nigeria.
Cited as defendants in legal action are the British High Commission in Nigeria, the Department of State Services, DSS, and the Attorney General of the Federation and Minister of Justice, Abubakar Malami, SAN.
He prayed the court to order the UK government to within 21 days after delivery of judgement in the matter, repatriate Kanu to Nigeria for prosecution.
Specifically, the plaintiff, through its counsel, Mr. Abiodun Babalola, prayed the court to determine the following issues: “Whether the 1st Defendant is not under obligation to repatriate the IPOB separatist leader, Mazi Nnamdi Kanu, being a fugitive cum terrorist from the Great Britain where he has been hiding since September, 2017 under the cover of his citizenship status back to Nigeria so he can stand his trial for treasonable felony, amongst other sundry offences, pending against him before Honourable Justice (Mrs.) Binta Nyako of the Federal High Court Abuja?
“Whether by a true interpretation of Sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013 the 2nd Defendant has not abdicated his duties by failing, neglecting or omitting to arrest and extradite the IPOB separatist leader, Mazi Nnamdi Kanu, from the Great Britain back to Nigeria so he can stand his trial for treasonable felony, amongst other sundry offences, considering the Bench Warrant issued on 28th March 2019 by Honourable Justice (Mrs.) Binta Nyako of the Federal High Court Abuja for the arrest of Mazi Nnamdi Kanu after it was determined that he flouted his bail conditions?
Whether the 3rd Defendant, as the Chief Law Officer of the Federation is not under a statutory duty to advise the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria to severe diplomatic relations with the 1st Defendant for harbouring Mazi Nnamdi Kanu being a fugitive cum terrorist in Great Britain and whether the failure of the 3rd Defendant does not amount to abdication of his duties under the of the Terrorism (Prevention) (Amendment) Act, 2013?
Upon determination of the legal questions, he wants: “A declaration that the British High Commission, that is, the 1st Defendant is under obligation to repatriate the IPOB separatist leader, Mazi Nnamdi Kanu, being a fugitive cum terrorist from the Great Britain where he has been hiding since September 2017 under the cover of his citizenship status back to Nigeria so he can stand his trial for treasonable felony, amongst other sundry offences, pending against him before Honourable Justice (Mrs.) Binta Nyako of the Federal High Court Abuja.
“A declaration that by a true interpretation of Sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013 the 2nd Defendant has abdicated his duties by failing, neglecting or omitting to arrest and extradite the IPOB separatist leader, Mazi Nnamdi Kanu, from the Great Britain back to Nigeria so he can stand his trial for treasonable felony, amongst other sundry offences, considering the Bench Warrant issued on 28th March, 2019 by Honourable Justice (Mrs.) Binta Nyako of the Federal High Court Abuja for the arrest of Mazi Nnamdi Kanu after it was determined that he flouted his bail conditions.
“A declaration that the 3rd Defendant 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 sever diplomatic relations with the 1st Defendant for harbouring Mazi Nnamdi Kanu being a fugitive cum terrorist in Great Britain and that his failure to so advise amount to abdication of his duties under the of the Terrorism (Prevention) (Amendment) Act, 2013.
“An order compelling the 1st & 2nd Defendants to forthwith arrest and repatriate Mazi Nnamdi Kanu from wherever he is hiding in Great Britain back to Nigeria to stand his trial within 21 (Twenty One) days from the date of delivery of judgment in this suit.
As well as, “An order directing the 1st Defendant to tender public apology to the Federal Republic of Nigeria in 3 (Three) national dailies within 21 (Twenty One) days from the date of delivery of judgment in this suit for her complicity in facilitating the escape from justice and harbouring of Mazi Nnamdi Kanu in the Great Britain, thereby allowing him to cause innocent Nigerian citizens serious emotional trauma through the instrumentality of incessant threat of violence, breach of peace and overthrow of the legitimate government in Nigeria”.
Meanwhile, no date has been fixed for the suit to be heard.
