Justice John Tsoho of Federal High Court has been asked to order the British High commission and the NigerianImmigration Service to arrest and repatriate Mazi Nnamdi Kanu from the United Kingdom back to Nigeria to face trial.
In a suit dated 4th October and filed on the 5th by Kanu’s kinsman, Ugochukwu Kenneth, through his lawyers,Obor John, Esq and Tersagh Unande, Esq, also asked the court foran order directing the Attorney-General of the Federation to advise PresidentMohammadu Buhari to declare the British High Commission as persona non grata for her complicity in facilitating and harbouring a fugitive from justice in her territory being the United Kingdom.
Joined in the case with suit number FHC/ABJ/CS/9300/17 are the British High Commission, the Comptroller, Nigerian Immigration Service and the Attorney-General of the Federation.
Eyes Of Lagos gathered that, The case has been assigned to Justice Tsoho and will be coming up on October 12, 2017.
In the suit, the plaintiff asked the court to determine whether by a true interpretation of Sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013 the 1st and 2nd Defendants have not abdicated their duties by failing, neglecting or omitting to prevent and arrest the IPOB separatist leader, Mazi Nnamdi Kanu, who is standing trial for treason and terrorism in Nigeria from illegally travelling to the United Kingdom?
He also asked the court to determine whether the British High Commission is not under obligation to repatriate Mazi Nnamdi Kanu –a fugitive from justice irrespective of him holding dual nationalism of Nigeria and the United Kingdom, back to Nigeria to stand trial for the offences of treason and terrorism pursuant to the provisions of the Terrorism (Prevention) (Amendment) Act, 2013 and the United Nations Convention on Terrorism?
Theplaintiff prayed the court for the following reliefs:
A declaration that by a true interpretation of Sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013 and Section 2 (1) of the Immigration Act 2015 the 1st and 2nd Defendants have abdicated their duties by failing, neglecting or omitting to prevent and arrest the IPOB separatist leader, Mazi Nnamdi Kanu, who is standing trial for treason in Nigeria from illegally travelling to the United Kingdom and remaining as a fugitive from justice in the United Kingdom.
A declaration that the British High Commission is under obligation to repatriate Mazi Nnamdi Kanu-a fugitive from justice, irrespective of him holding dual nationalism of Nigeria and the United Kingdom, back to Nigeria to stand trial for the offences of treason and terrorism pursuant to the provisions of the Terrorism (Prevention) (Amendment) Act 2013 and the United Nations Convention on Terrorism.
He also prayed the court for an order compelling the 1st and 2nd Defendants to arrest and repatriate Mazi Nnamdi Kanu from the United Kingdom back to Nigeria to stand his trial.
He prayed the court to make an order compe the 3rd Defendant to advise the President of the Federal Republic of Nigeria to declare the British High Commission as persona non grata for her complicity in facilitating and harbouring a fugitive from justice in her territory being the United Kingdom.
In the affidavit in support of the suit, deposed to, by the plaintiff, he said, “That consequent upon the above condition, Senator Enyinnaya Harcourt Abaribe, the Senator representing the good people of Abia South Senatorial District of Abia State, Tochukwu Uchendu and Jewish Chief High Priest Immanuel –El Shalom Oka-Ben Madu perfected the bail bond which facilitated the release of Mazi Nnamdi Kanu.
“That upon the perfection of the bail and consequent released of Mazi Nnamdi Kanu from prison custody, Mazi Kanu has to the best of my knowledge breached all the bail conditions to wit; granting press interviews while on bail, participating in any rally, or being found in a crowd of more than ten persons in the course of the bail and to make matters worse, Mazi Kanu has finally travelled to the United Kingdom in an attempt to escape trial and the arm of the law.
“That I know as a fact that if Mazi Nnamdi Kanu who has travelled to the United Kingdom in an attempt to escape justice, fails to appear in Court on the next adjourned date being 17th October, 2017 the freedom of the Senator representing my District and other co-sureties will be in jeopardy.
“That consequent upon the above, if Senator Abaribe who is my representative is finally arrested as required by law, myself and the good people of Abia South Senatorial District will be denied representation at the Senate and by extension the dividends of democracy.
“That I know as a fact that the illegal disappearance of Mazi Kanu from the shores of Nigeria to the United Kingdom would not be possible, if not for gross display of negligence on the part of the 2nd Defendant as well as complacency of the 1st Defendant who aided the illegal travel of Mazi Kanu considering the fact that he holds citizenship of the 1st Defendant”.
