Nnamdi Kanu, the head of the Indigenous People of Biafra (IPOB), has sued the federal government for violating his fundamental rights due to the Department of State Services’ ongoing incarceration of him (DSS).
Kanu is asking for his immediate release from the DSS facility and N100 billion in compensation for the infringement of his rights to liberty and human dignity in the lawsuit he filed before the Federal High Court of Abuja.
Kanu said that the need for the lawsuit arose from the Federal Government’s ongoing refusal to abide with the Court of Appeal’s decision, which cleared him of the terrorist allegation leveled against him and was issued on October 13.
The case number for the initial court filing, made by Mr. Mike Ozekhome, SAN, on behalf of Kanu, is FHC/ABJ/CS/1945/2022.
Kanu said that the 1999 Constitution’s clauses served as the basis for the lawsuit.
Any person who claims that a provision of Chapter 4 of the constitution to which he is entitled has been, is being, or is likely to be violated in relation to him in any state may apply to the High Court in the State for redress under Section 46(1) of the 1999 Constitution and Order 1 Rule 2(1) of the Fundamental Rights (Enforcement Procedure Rules).
Kanu is requesting a ruling that his continuing detention by the government since October 13 is unlawful, repressive, unbearable, and unconstitutional.
It infringes on my fundamental rights to the respect for human dignity, to my freedom of expression, and to my right to unrestricted movement, all of which are protected by Articles 34, 35, 36, 39, and 41 of the 1999 Constitution.
Kanu is also asking for a court judgment for the respondents to release Kanu from their custody immediately and without conditions.
The applicant is also asking for a court order prohibiting the respondents from encroaching on his rights or treating him in a way that is contrary to the fundamental freedoms that are protected by the 1999 Constitution.
Additionally, he demands N100 billion in compensation and exemplary damages from the respondents for violating his rights.