The leader of the Indigenous People of
Biafra (IPOB) Nnamdi Kanu has dragged
the chief of army staff, Tukur Buratai,
to court.
The IPOB leader in an originating
motion filed before the Federal High
Court in Abuja, Kanu, prayed the court
to give an order of 'Habeas Corpus ad
subjiciendum' which will command
Buratai to produce him in court on his
next adjournment date for the criminal
trial he is facing.
Kanu also prayed that further orders
which the court may deem fit be given.
The motion was filed by Kanu's lawyer,
Ifeanyi Ejiofor and supported by an
affidavit written by Prince Mandela
Umegborogu, an associate solicitor in
the law firm of I.C. Ejiofor &CO.
The motion also has Kanu as the only
applicant and the chief of army staff as
the respondent.
The grounds for the relief, the
application said include that the IPOB
leader was, before he went missing,
know to have lawfully exercised his
constitutional right of freedom of
association, peaceful assembly and self
determination.
The application also said Kanu was still
enjoying the bail granted him by the
court, when the prosecution in his trial
requested the court to revoke his bail.
It also accused the Nigerian military of
acting under express command handed
down by the Buratai and violently
invaded the applicants home in Afara
Ukwu Ibeku in Umuahia, killing many.
Part of the grounds for the relief reads:
"On 14th day of September, 2017, the
Nigerian military led by soldiers of the
Nigerian army invaded the applicant’s
house on amurderous raid, where life
and mortar bullets were fired on
unarmed and defenseless populace,
leaving 28 persons dead and abducting
many.
"The applicant who was in the house
during this bloody onslaught by the
soldiers, has not been heard from or seen
after this bloody attack in his home by
the Agents of the Respondent since the
14th day of September 2017.
"That the invading soldiers in their
desperate bid to ensure that the
Applicant is caught in the attack climbed
stairs to his bedroom upstairs to shot
him; walls of his bedroom were riddled
with bullets.
"The invading Soldiers who had direct
contact with the Applicant on this fateful
day (14 th day of September 2017) should
be in a position to produce the Applicant
before the court. It is either the
Respondent’s rampaging Soldiers
abducted the Applicant during this raid
or must have killed him in the process.
"Section 40 of the Federal High Court Act
empowers this Court to Order that a
Writ of Habeas Corpus ad Subjiciendum;
(A Writ directed to someone detaining
another person and commanding that
the detainee be brought to Court) be
issued on the Respondent, to produce the
Applicant in Court, particularly now his
substantive criminal trial is coming up
on the 17 th day of October, 2017.
"The Court is vested with inherent
powers Under Section 6(6) (a)- (d) of the
Constitution of the Federal Republic of
Nigeria 1999 as (Amended 2011) to
entertain this application and grant
reliefs sought herein."
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