The vacation judge, Justice K. C. J. Okereke, adjourned the hearing as the Federal Government of Nigeria and five other respondents in the case have yet to file their responses to the suit brought before the court by Kanu, challenging the alleged infringement on his fundamental rights by the Nigerian government.
At the resumed hearing on Tuesday, September 21, the court was informed that out of the eight respondents, only the DSS in Abuja and Umuahia, have filed their responses to the suit but their processes were filed out of time.
Nothing was received from the other six respondents, which include FG, the AGF and the Nigerian Army.
The respondents include the Federal Government of Nigeria (1st), Attorney General of the Federation (2nd), Chief of Army Staff (3rd), Inspector General of Police (5th), Director General, State Security Services (7th) and three others.
Justice Okereke while adjourning the case, noted that Kanu shall be entitled to certain reliefs against any party that fails to timely respond to the suit.
The IPOB leader through one of his legal counsels, Barrister Aloy Ejimakor, had on September 7, 2021, prayed the court to award him N5bn as compensation for the breach of his fundamental human rights, citing 2017 extrajudicial attempt on his life in Abia, his involuntary flight to safety/exile, his abduction in Kenya, and his extradition to Nigeria.
Kanu had prayed the court to declare that his arrest, torture and detention were unconstitutional.
He also prayed the court to declare that his expulsion from Kenya to Nigeria, as well as the military invasion of his home in Afaraukwu Umuahia, in 2017, were illegal and unlawful.
Kanu had secured an order from the court to serve by substituted means an application for enforcement of his fundamental rights.
Barrister Ejimakor who spoke to newsmen after the court session, on the chances of success of the suit, cited the judgement given in favour of Yoruba Nation agitator Sunday Igboho against the Federal governmebt, by the Oyo State High Court on September 17, 2021.
Ejimakor said, “The Oyo State High Court judgment in Igboho’s case (which is similar to Kanu) restates the locus classicus on the wide jurisdiction of State High Courts when it comes to enforcement of the fundamental rights stipulated under the Nigerian Constitution and the African Charter.”
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