The Indigenous People of Biafra (IPOB) chief and Radio Biafra Director, Nnamdi Kanu, has sued the Nigerian authorities over his continued detention on the nationwide headquarters of the Department Of State Services.
In June, the IPOB chief was arrested in Kenya and extradited to Nigeria to face treason fees.
He was subsequently arraigned and introduced earlier than Binta Nyako, a Judge of the Federal High Court in Abuja, who requested him to be remanded on the DSS custody.
Kanu is dealing with fees bordering on treasonable felony instituted in opposition to him on the courtroom in response to his agitation for the Republic of Biafra.
He was granted bail in April 2017 on well being grounds however skipped bail after disregarding a few of the circumstances given to him by the courtroom.
However, in a go well with filed on the Federal High Court in Abuja by his lawyer, Ifeanyi Ejiofor, the IPOB chief prayed for a courtroom order “directing the transfer of the Applicant from the custody of the National Headquarters of the State Security Service to the Nigerian Correctional Service Centre in Kuje, Abuja, within the jurisdiction of this Honourable Court, where he was initially detained before he was granted bail, pending the determination of the charge.”
His lawyer additionally sought an “An order of this Honourable Court directing the Defendant/Applicant’s custodian, to grant access to his medical experts/doctors to carry out a comprehensive independent medical examination of the defendant/applicant’s health condition/status, while in custody.”
Kanu added that he may die if his well being situation isn’t addressed promptly.
Read the textual content of the costs under:
“That this charge NO. FHC/ABJ/CR/383/2015 came up on 29th June 2021 and the Applicant was brought before the Court in Chains, handcuffs and leg-cuffs, blindfolded, and was consequently remanded in the custody of the State Security Service, even though there was no legal representation for the Defendant, and the matter was therefore adjourned to the 26th day of July 2021 for trial.
“That the Counsel to the Applicant was not served with any listening to discover earlier than the looks of the applicant in Court, neither had been they conscious that any motion was scheduled to happen within the felony cost NO. FCH/ABJ/CR/383/2015 on that twenty ninth June 2021.
“That on 30th June 2021, the Applicant’s Solicitors formally wrote to the State Security Service to allow the Applicant solicitors have access to the Applicant. A copy of the said letter is hereby attached and marked as Exhibit MNK 1. That on 2nd July 2021, at about 12: 32pm, the State Security Service called me to inform me that our request to visit the Applicant has been approved and that I should come by 4: 00 pm to see Defendant.
“That on the mentioned 2nd July 2021 at about 5: 00pm, on the State Security Headquarters, in Abuja, the Applicant knowledgeable me of the next details which I verily believed to be correct and proper as follows; That he was kidnapped and/or kidnapped by Kenyan Security Forces on nineteenth June 2021, particularly at Nairobi Airport.
“That he was detained by the personnel of the Kenyan Police Force for eight days, and was throughout this period of detention subjected to all forms of inhuman treatment, brutal torture, causing grave and severe heart problem that almost took his life. That he was detained in an unconventional facility, not necessarily a police detention center in Kenya.
“That all through this detention in Kenya, he was by no means allowed entry to his family earlier than he was handed over to their Nigerian Security counterparts who smuggled him into Nigeria in clear violation of his rights. That since he was smuggled into this nation on twenty seventh June 2021, he has been stored in solitary confinement with out entry to his members of the family, family, spouse, cousins, and youngsters, besides his lawyer, who solely visits after they have to safe the approval and endorsement of the Director-General of the State Security Service, which approval will not be normally granted as a matter in fact.
“That he is still being subjected to mental and psychological torture by his custodians, on account of the conditions of his solitary confinement. That an ECG examination was carried out on the Defendant, and it was discovered that the Defendant’s heart had been enlarged by more than 13%, posing a serious threat and danger to Defendant’s life.
“That there’s a want for the Defendant to have entry to his Medical Doctors to avert the hazard looming in opposition to the lifetime of the Defendant. That the well being personnel attending to the Defendant within the custody of the State Security Service isn’t ample contemplating the circumstances of the Defendant’s well being situation.
“That the Defendant requires the services of his medical experts as his medical records issued by the Chief Cardiologist of Nairobi Hospital who has the Defendant’s medical records, mainly, before the arrest/abduction of the Applicant shows a debilitating medical condition. Copies of these medical records showing the Applicant’s subsisting health condition are hereby attached and marked as Exhibit MNK.
“That if the well being situation of the Defendant isn’t addressed most promptly, the Defendant might die in custody, even earlier than his trial. It is important that the Defendant’s Medical Experts/Consultants be allowed to hold out correct, thorough, and impartial medical examinations of the Defendant to avoid wasting the Defendant’s life.
“That the Defendant needs regular medical observation/attention by the Defendant’s Medical specialists/Consultants in Cardiology. That the Defendant’s Medical Specialists (including the Chief Cardiologist of Nairobi Hospital) in Kenya have his complete medical records that will easily aid the examination of the Defendant and treatment thereof.
“That the Defendant undertakes to bear any value incidental to getting the medical specialists to take care of his in poor health well being whereas in custody. The defendant can solely be alive to face his trial, which can’t be assured due to his quickly deteriorating well being state of affairs.
“The Defendant cannot effectively put up a defense to the charge against him, in his present deteriorating health condition. That I know that upon the arraignment of the Applicant, this Honourable Court in its wisdom initially remanded the Applicant in Kuje Correctional Service Centre, where he was held for almost two years before bail was consequently granted to the Applicant.
“That for the just about two years the Applicant was in custody in Kuje Correctional Facility, there was by no means any grievance about any type of misconduct in opposition to him. That the State Security Service isn’t a detention Centre, neither does it have the requisite custodial amenities to reinforce the circumstances of the occupants/inmates.
“That the Nigerian Correctional Service Centre is an impartial facility that has no interest whatsoever in the outcome of this charge. That the Nigerian Correctional Service Center is the only body statutorily empowered to keep custody of persons facing criminal trial in courts, hence, the necessity to transfer the Applicant to the Nigerian Correctional Service Center Kuje.
“That it should serve the curiosity of Justice and improve truthful listening to for this Honourable Court to switch the Applicant from the State Security Service to the Nigerian Correctional Service Centre in Kuje, Abuja inside the jurisdiction of this Honourable Court.
“That the Applicant has very limited access to his lawyers, who can only visit him after the approval of the Director of the State Security Services has been first sought and obtained, which said approval in most cases, takes days and that the above situation would greatly impede the Defendant’s preparation for his defense to the charge against him.
“That the favorable consideration of this software is compelling within the circumstance of the current Notice for the resumption of the Court’s Annual trip, which might have an effect on the listening to on the substantive cost already slated for the twenty sixth Day of July 2021. That truthful listening to can solely be assured when the Applicant isn’t remanded within the custody of his accusers.
“That it is a fact that Justice must not only be done but must be seen to be done. That it will greatly aid and serve the interest of Justice if this application is granted. That the respondent will not be prejudiced by the grant of this application. That I depose to this affidavit in good faith believing same to be true and correct and in accordance with the oath Act.”
No date has been mounted for the listening to of the case.