Donald Okonkwo, a businessman has on Tuesday 26th August 2019 asked Federal High court sitting in Abuja to declare Mazi Nnamdi Kanu, leader of the Indigenous Peoples of Biafra (IPOB), a fugitive in the United Kingdom thereafter, repatriate him to Nigeria to face terrorism charges.
It can be recalled that Kanu fled the country during a raid on his Abia residence by security operatives in September 2017.
He later resurfaced in a video clip performing some religious rites at the Wailing Wall in Jerusalem.
In the suit through Abiodun Sodiq, his counsel, Okonkwo claimed Kanu is hiding in the United Kingdom (UK), praying for the court to order his immediate repatriation within 21 days.
Also, Okonkwo listed the British high commission in Nigeria, the Department of State Services (DSS) and the Attorney-General of the Federation(AGF) as 1st, 2nd and 3rd defendants, respectively.
More so, the suit prayed the court to determine the following issues: Whether the 1st Defendant (British High Commission in Nigeria) is not under obligation to repatriate the IPOB separatist leader, Mazi Nnamdi Kanu, being a fugitive cum terrorist from the Great Britain where he has been hiding since September, 2017 under the cover of his citizenship status back to Nigeria so he can stand his trial for treasonable felony, amongst other sundry offences, pending against him before Honourable Justice (Mrs.) Binta Nyako of the Federal High Court Abuja?
He also sought for the interpretation of Sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013 in which the 2nd Defendant (Department of State Services) has not abdicated his duties by failing, neglecting or omitting to arrest and extradite the IPOB separatist leader, Mazi Nnamdi Kanu, from the Great Britain back to Nigeria so he can stand his trial for treasonable felony, amongst other sundry offences, considering the Bench Warrant issued on 28th March 2019 by Honourable Justice (Mrs.) Binta Nyako of the Federal High Court Abuja for the arrest of Mazi Nnamdi Kanu after it was determined that he flouted his bail conditions?
Furthermore, the plaintiff sought for whether the 3rd Defendant(Attorney-General of the Federation), as the Chief Law Officer of the Federation is not under a statutory duty to advise the President and Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria to severe diplomatic relations with the 1st Defendant for harbouring Mazi Nnamdi Kanu is a fugitive cum terrorist in Great Britain and whether the failure of the 3rd Defendant does not amount to abdication of his duties under the of the Terrorism (Prevention) (Amendment) Act, 2013?
Most importantly, Mr Okonkwo prayed the court to order the 1st defendant(British High Commission in Nigeria) to tender a public apology to the Federal Republic of Nigeria in 3 (three) national dailies within 21 (Twenty One) days from the date of delivery of judgment in this suit
He accuses the 1st defendant (British High Commission in Nigeria) of complicity in facilitating the escape of Nnamdi Kanu from justice and harbouring him in its shores, thereby allowing him to cause innocent Nigerian citizens serious emotional trauma through the instrumentality of incessant threat of violence, breach of peace and overthrow of the legitimate Government in Nigeria.
Meanwhile, the court has not yet fixed a date for determination of the matter. It is also not clear whether the court has and can compel the three(3) defendants to fulfil the prayers of the plaintiff.