Most importantly, the court recommended a political solution to the genesis of the imbroglio – #Biafran agitation, which President Muhammadu Buhari had repeatedly rejected.
Earlier before the basic ruling, the court had ruled that it has jurisdiction. against the government’s challenge that the court has no jurisdiction to hear the matter.
Kanu’s Special Counsel/Lead Counsel in Umuahia & African Commission, Barr Aloy Ejimakor, had sued the Federal Government in HIN/FR/14/2021 Mazi Nnamdi Kanu vs the Federal Republic of Nigeria and 7 Ors, seeking the following orders:
1, A DECLARATION that the military invasion of Mazi Nnamdi Kanu’s home in Abia State in September 2017 by the Nigerian government is illegal, unlawful, unconstitutional, and amounts to infringement of his fundamental rights to life, the dignity of his person, his personal liberty and fair hearing as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.
2, A DECLARATION that the arrest of Mazi Nnamdi Kanu in Kenya by agents of the Nigerian government without due process of law is arbitrary, illegal, unlawful, unconstitutional, and amounts to infringement of his fundamental rights against arbitrary arrest, to his personal liberty and to fair hearing as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.
3, A DECLARATION that the torture and detention of Mazi Nnamdi Kanu in Kenya by agents of the Nigerian government is illegal, unlawful, unconstitutional, and amounts to infringement of his fundamental rights against torture and to a fair hearing, as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.
4, A DECLARATION that the expulsion of Mazi Nnamdi Kanu from Kenya to Nigeria by the Nigerian government and his consequent detention and planned prosecution in Charge No: FHC/ABJ/CR/383/2015 (the Federal Republic of Nigeria v. Nnamdi Kanu) is illegal, unlawful, unconstitutional and amount to infringement of his fundamental rights against unlawful expulsion and detention, and to a fair hearing, as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.
5, AN ORDER OF INJUNCTION restraining the Nigerian government from taking any further step in the prosecution of Mazi Nnamdi Kanu in Charge No: FHC/ABJ/CR/383/2015 (the Federal Republic of Nigeria v. Nnamdi Kanu) pursuant to his unlawful expulsion from Kenya to Nigeria.
6, AN ORDER mandating and compelling the Nigerian government to forthwith release Mazi Nnamdi Kanu from detention and to restore him to his liberty, same being his state of being as of 19th June 2021; and to thereupon repatriate him to Britain, his country of domicile and citizenship.
7, AN ORDER mandating and compelling the Nigerian government to issue an official Letter of Apology to Mazi Nnamdi Kanu for the infringement of his fundamental rights and publication of said Letter of Apology in three (3) national dailies.
The suit was heard and concluded on the merits on 10th December 2021 before Justice Benson Anya of the High Court of Abia State in Umuahia, warranting the judgment on Wednesday.
