Aloy Ejimakor, counsel to the detained leader of the Indigenous People of Biafra, Nnamdi Kanu, has assured that his client will be victorious in his suit against the Nigerian Government as the High Court of Abia State resumes hearing of the case today.
The lawyer made this disclosure in a chat with Punch on Monday.
He also asserted that the pro-Biafra leader's case was similar to that of Yoruba Nation agitator, Sunday Adeyemo aka Sunday Igboho.
Ejimakor said that the September 17 judgment of an Oyo State High Court which awarded, amongst others, N20billion in damages against the Department of State Services for the invasion of Igboho’s Ibadan residence and destruction of his property, was instructive that his client would secure victory before Justice K. C. J. Okereke of the High Court of Abia State.
SaharaReporters had reported that Kanu, through his lawyer on September 7, asked the court to award him N5billion as damages for the breach of his fundamental human rights which began with the 2017 extrajudicial attempt on his life in Abia, his “abduction” in Kenya, and his extradition to Nigeria.
Ejimakor had prayed the court to declare that the arrest, torture and detention of Kanu were unconstitutional.
He also prayed the court to declare that Kanu’s expulsion from Kenya to Nigeria, as well as the military invasion of his building in Abia in 2017, were illegal and unlawful.
In the suit, no HIH/FR14/2021, 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.
The IPOB helmsman had secured an order from the court to serve by substituted means an application for enforcement of his fundamental rights.
The case which was adjourned to September 21 would come up today in the Abia State capital, Umuahia, by 9am.
Speaking in court on Tuesday, Ejimakor said, “I have confidence that the Abia Court will uphold the law. The Oyo State High Court judgment in Igboho’s case (which is similar to Kanu) is instructive and underscores the wide powers of State High Courts when it comes to enforcement of fundamental rights.”
The lawyer also said, “The court will check in its file whether proof of service on each of the eight respondents has been filed in the Court’s file.
“Given that the suit was filed on September 7, it is expected that service of process must have been completed by now. And if service was accomplished, the respondents have five days to file their counter-affidavit from the date of completion of service.
“Where a respondent fails to respond within five days, such respondent shall be deemed to have admitted the facts averred in the affidavit and judgment shall be entered in favour of Nnamdi Kanu.” But