Wednesday, 11 October 2017

Prosecution stalls Nnamdi Kanu's fundamental rights suit




Kanu
Hearing into the case of alleged fundamental rights violation brought before the ECOWAS Court of Justice by leader of the Indigenous People of Biafra,  Nnamdi Kanu was on Tuesday stalled following the absence of the respondent counsel in court. 

The lead counsel to the Nigerian government,  Dayo Akpata was reportedly having a meeting with the Vice President,  Yemi Osinbajo and subsequently unable to make it to Tuesday's court session.

The applicant,  Mr. Kanu had approached the court through his lawyer,  Ifeanyi Ejiofor, with a motion against the Nigerian government on alleged violation of his rights and demanded an order of the ECOWAS Court for government to pay a sum of $800 million as damages for the alleged violation.

The matter had been adjourned for further hearing of the substantive suit and inclusion of fresh motions by Mr. Ejiofor on Tuesday,  but was further adjourned following the inability of the prosecution counsel to attend the hearing.


A counsel representing the Attorney General at the court,  Abdullahi Abubakar asked for separate adjournments on Tuesday, at the instance of the prosecution.

Mr. Abubakar earlier told the court that Mr. Akpata was at the Supreme Court for a different matter and asked for a short postponement of the hearing.

Following Mr. Abubakar's application,  the case was stood down for two hours.

After the court resumed session on the matter,  Mr. Abubakar again approached the court with another request for an adjournment on the grounds of the fact that Mr. Akpata who is also the solicitor-general of the federation, was having a meeting with the Vice President. 

Mr. Abubakar further told the court that his team had not gotten some of the documents from a previous ruling in the ECOWAS Court. 

Responding however,  Mr. Ejiofor accused the Nigerian government of 'deliberately delaying the matter'.

Mr. Ejiofor asked the court to compel the respondent to pay a cost of N 2, million for what he described as deliberate frustration of the matter.

Reacting to the submission of Mr. Ejiofor,  Mr. Abubakar said the previous adjournment on the matter was not at the instance of the respondent but based on a request from the court.

The three-member panel,  led by Justice Hemeye Mahdmadane consented to the submissions of Mr. Abubakar regarding the facts resulting in the last adjournment.


The court also postponed the matter till November 21, for hearing of all the applications and determination of Mr. Ejiofor's motion for award of cost against the respondents.

Reacting to questions from journalists as to the reason for his client's absence in court,  Mr. Ejiofor reiterated his earlier stance that 'only the Nigerian army can speak on Mr. Kanu's current location.

"The Military and Federal government are in a position to tell me where my client is. We are going to settle it in court," he said.

Mr. Kanu has not been seen in public, since September 14, after Mr. Ejiofor accused the Nigerian army of invading his client's residence and 'possibly killing or abducting Mr. Kanu'.

The applicant is facing trial for alleged treason able offenses.


His group,  the Indigenous People of Biafra has been proscribed as a terrorist group by the Nigerian governmen

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