A Federal High Court sitting in Umuahia, Abia, on Wednesday, ordered the Federal Government to return Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra, to Kenya before his rendition on June 19, 2021.
Delivering judgment, Justice Evelyn Anyadike, also awarded Kanu N500m in general damages.
Kanu, had through his Special Counsel, Mr Aloy Ejimakor, challenged his “abduction and extraordinary rendition from Kenya without any court warrant”, and demanded his restitution to his country of abode, Britain or Kenya where he was before the abduction in June 19, 2021.
Kanu’s lawyer also asked the court to “redress the myriad of violations that came with his rendition, such as the torture, unlawful detention and the denial of the right to fair hearing which is required by law before anybody can be expelled from one country to the other.
The suit which was filed in March, has the Federal Government, the Attorney-General of the Federal and Minister of Justice, Abubakar Malami and President Muhammadu Buhari as respondents.
The court referred to the Court of Appeal judgment of Oct.13 in Abuja and granted all the eight reliefs sought by Kanu, which bothered on extraordinary rendition.
The court held that the expulsion or extraordinary rendition of Kanu, is a clear violation of his fundamental rights under Article 12(4) of the African Charter on Human and Peoples Rights, as well as Chapter IV of the Nigerian Constitution.
It held that the manner of arrest, torture, continued detention and denial of the right to fair hearing amounted to a brazen violation of Kanu’s rights.
The judge also held that the burden was on the respondents to justify their actions, which they failed to do so.
In considering the prayer for damages, Justice Anyadike held that Kanu had been “exposed to global ridicule which requires global cleansing”.
The Court, therefore, awarded N500 million in damages against the Federal Government.
The Respondents had no representation in the Court but Kanu’s lawyer, Ejimakor thanked the court for granting justice to his client.
Reacting, Kanu’s counsel, Mr Alloy Ejimakor hailed the court for what he described as a “painstaking judgment.”
According to him, it shows that the court is the last hope of the common man and has reinstated our confidence in the judiciary as lawyers.
Ejimakor said: ‘what is the most important in today’s judgment is not the money awarded to us as damages, but the court’s order that Kanu should be restored to the status quo as of June 19, 2021.
“I, therefore, call on the Federal Government to take prompt steps to obey this court order and restore Kanu to the status quo.”