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| Read full details of Nnamdi Kanu's case against Nigeria at the ECOWAS Court and why Nigeria is in a deep mess |
Nigeria is in for serious trouble having breached many of her
obligations under the treaty of the ECOWAS, which signed to, with
illegal arrest and detention of Nnamdi Kanu, the leader of the
Indigenous People of Biafra, Read below the full details of the Kanu's
case against Nigeria and a brief on ECOWAS Community Court of Justice.
It shows that Nigeria has thoroughly breached the ECOWAS treaty.
COMMUNITY OF WEST AFRICAN STATES (ECOWAS)
BETWEEN
NNAMDI KANU.......................................................................PLAINTIFF
1. THE FEDERAL REPUBLIC OF NIGERIA
2. ATTORNEY GENERAL OF THE FEDERATION DEFENDANTS & MINISTRY OF JUSTICE
3. DIRECTOR GENERAL, STATE SECURITY SERVICE
A. ARTICLES 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 14, AND 20 OF THE AFRICAN CHARTER ON HUMAN AND PEOPLE’S RIGHTS;
B. ARTICLES 1, 2, 3, 6, 9, 10, 12, 22 AND 26 OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS;
C. ARTICLES 2, 3, 5, 7, 9, 12, 13, 17, 20, 21 AND 25 OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS;
D. ARTICLE 22 PARAGRAPH 1, OF THE COVENANT OF THE LEAGUE OF NATIONS;
E. RESOLUTION 2625 (XXV) OF THE UNITED NATION CHARTER OF 1970.
A. NAME AND ADDRESS OF THE PLAINTIFF
1. The Plaintiff is a Nigerian Citizen as well as British Citizen who
reside at 30 Sandlings Close, Pilkington Road, London SE15 3SY England,
United Kingdom.
B. DESIGNATION OF THE DEFENDANTS
1. The 1st Defendant is the Federal Republic of Nigeria.
2. The 2nd Defendant is the Chief Law Officer of the Federation.
3. The 3rd Defendant is the Head of State Security Services.
C. SUBJECT MATTER OF PROCEEDINGS
1. Violation by the Defendants of the Human Rights of the Plaintiff to
life, to personal integrity, to privacy, to fair trial, to freedom of
movement, to freedom of expression, to personal liberty, to freedom of
Association, to private property, right to existence and right to self
determination guaranteed by Articles 1, 2, 3, 4, 5, 6, 9, 10, 11, 14,
and 20 of the African Charter on Human and Peoples’ Rights, Article 1,
2, 3, 6, 8, 11, 12, 22, and 26 of the International Covenant on Civil
and Political Rights, Articles 1, 2, 3, 5, 7, 9, 12, 13, 17, 20, 21 and
25 of the Universal Declaration of Human Rights, Article 22 paragraph 1
of the Covenant of the League of Nations and Resolution 2625 (XXV) of
the United Nation Charter of 1970.
D. FACTS
i. The Federal Republic of Nigeria is a signatory to the African Charter
on Human and Peoples’ Rights; the International Covenant on Economic,
Social and Cultural Rights, the International Covenant on Civil and
Political Rights and other similar regional and International Human
Rights Treaties.
ii. The Federal Republic of Nigeria is also a signatory to the Revised
Treaty of the Economic Community of West African States dated 24th July,
1993.
iii. Nigeria ratified both the International Covenant on Economic,
Social and Cultural Rights and the International Covenant on Civil and
Political Rights in October, 1993. Nigeria ratified the African Charter
on 22nd July, 1983.
iv. The Plaintiff is the Leader of the Indigenous People of Biafra and
director of Radio Biafra, a legitimate body duly registered under the
relevant regulatory Laws in the United Kingdom and under the United
Nation regulation.
v. The 1st Defendant is the Federal Republic of Nigeria.
vi. The 2nd Defendant is the Chief Law Officer of the Federation.
vii. The 3rd Defendant is the Head of Nigerian State security Agencies.
E. NARRATION OF FACTS BY THE PLAINTIFF
i. The suit is brought by the Plaintiff against the Federal Republic of
Nigeria, a member of the Economic Community of West African States
(ECOWAS) and a state party to the African Charter on Human and Peoples’
Rights, the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights and other
related Human Rights Treaties.
ii. Radio Biafra is registered transmission station, run from London and propagates its frequencies all over the world.
iii. The Plaintiff was arrested in Lagos on the 14th day of October,
2015, by the operatives of the 3rd Defendant on the instigation of the
1st Defendant and upon his arrival from the United Kingdom.
iv. Upon his arrest, he was subjected to the most inhuman and degrading
treatment by the personnel of the 3rd Defendant, as he was excessively
tortured, assaulted, humiliated, handcuffed and all his valuables
confiscated by the 3rd Defendant’s strike force, who obviously were
acting a specific script.
v. Following public outcry and International condemnation that greeted
the unlawful, illegal and unjust arrest of the Plaintiff, the personnel
of the 3rd Defendant (Department of State services) hurriedly
transferred him to their Abuja National Headquarters for further
interrogation, torture and onward detention.
vi. On the 19th day of October 2015, the 3rd Defendant reluctantly
arraigned the Plaintiff at a Chief Magistrate Court of the Federal
Capital Territory (before Hon. A.U Shuaibu) on conjectured and frivolous
allegation of Criminal conspiracy, managing and belonging to an
unlawful society and criminal intimidation.
vii. The Honourable presiding Chief Magistrate after listening to the
oral application for the bail of the Plaintiff accordingly granted him
bail on terms and conditions that were spelt out in the Ruling of the
Court delivered same day.
viii. The terms and conditions given for the bail of the Plaintiff was
promptly satisfied, but the 3rd Defendant, neglected and flagrantly
disobeyed this order, and continued to detain the Plaintiff who was
being kept in the most dreaded detention centre of the 3rd Defendant,
where the Plaintiff shared common cell with violent criminals and
notorious terrorists members.
ix. Desperate attempt by the 3rd Defendant to obtain an obnoxious but
repressive Order from the Federal High Court Abuja, that will legitimize
the Plaintiff’s further detention in their facility for another period
of 90 days was strongly challenged.
x. Ex-parte Order obtained on the 15th day of November, 2015 by the 3rd
Defendant in the Federal High Court Abuja to detain the Plaintiff for
another period of 90 days, was promptly vacated by the same Judge Hon.
Justice A.f.A Ademola, upon being presented with the facts and history
of the 3rd Defendant’s affront to Judicial Orders. The Judge proceeded
to direct the 3rd Defendant to release the Plaintiff unconditionally
without further ado.
xi. The 3rd Defendant still failed to obey the order of the Court of
competent jurisdiction directing the immediate release of the Plaintiff.
xii. Cumulatively, the Plaintiff was illegally, and unjustly detained,
incarcerated, tortured and assaulted by the 3rd Defendant from the 14th
day of October, 2015 to the 20 and still being held in the Defendants
captivity, based on the most unfounded, frivolous and bogus charges
preferred against the Plaintiff, which was only read to the Plaintiff on
the 20th day of January, 2016, after spending over 100 days in custody,
and despite lawful orders of the Court directing his unconditional
release.
xiii. During the December 2015 presidential media chat of the 1st
Defendant, aired in both International and local media, the 1st
Defendant announced to the whole world that the Plaintiff cannot be
granted bail, a clear indication that the Nigerian judiciary is under
his whims and caprices as far as this matter is concerned.
xiv. The Plaintiff who is a political prisoner is being subjected to
this life threatening and most bizarre experience because he is the
Leader of the Indigenous Peoples of Biafra, and director of Radio
Biafra.
xv. The Indigenous People of Biafra (IPOB) is an organization that is
legitimately registered under the United Nation’s relevant regulation
and enjoys the recognition of the United Nation.
xvi. The activities of the Indigenous People of Biafra (IPOB) are guided
by the United Nation Charter on the Right to Self Determination, which
also provides a legal framework to their legitimate agitation of Biafra
state.
xvii. The Indigenous People of Biafra (IPOB) is also duly registered in United Kingdom where its headquarters is situated.
xviii. The Plaintiff contends that the Indigenous People of Biafra
(IPOB) is an organization that pursues the specific right of the
Indigenous People of Biafra to seek for their self-determination in
accordance with the United Nation Charter, African Charter on Human and
Peoples’ Rights and other relevant International Convention and Treaties
to which Nigeria is a signatory.
xix. The Plaintiff contends that his illegal and unlawful detention
incarceration, torture and seizure of his valuables by the 3rd Defendant
is in flagrant disobedience to various orders of Court of competent
jurisdiction, a gross violation of his human rights as clearly provided
for under the African Charter on Human and Peoples’ Rights, United
Nation General Assembly Resolution on the Rights to Self Determination
and other International Conventions to which Nigeria is a signatory.
xx. The Plaintiff contends that in brutal response to various civil but
peaceful protests organized by the members of the Indigenous People of
Biafra (IPOB), particularly in Aba, Abia State, Nigeria, in total
rejection of his continued illegal detention and incarceration, the 1st
Defendant through his chain of commands, directed heavy gun wielding
combined team of Military personnel and Police to shoot at sight the
defenseless, unarmed and innocent citizens.
xxi. The Plaintiff states that over a hundred members of the Indigenous
People of Biafra were gunned down at various locations in Aba, Abia
State on the 29th day of January, 2016; 9 day of February, 2016 and 19th
day of February, 2016.
xxii. The Plaintiff states that Amnesty International has embarked on
aggressive and extensive investigation of this heinous crime against
humanity and their preliminary findings/reports had condemned the
unwholesome activities of the combined team of military and police
personnel who perpetrated this crime.
xxiii. The Nigerian Government has continued to suppress, maim, arrest
and kill the members of the Indigenous People of Biafra in clear
violation of their Human Rights.
xxiv. The Plaintiff contends that the above highlighted Human Rights,
Social and Cultural Rights as well as Civil and Political Rights are
recognized and guaranteed by the African Charter on Human and Peoples’
Rights, the International Covenant on Economic, Social and Cultural
Rights and the International Covenant on Civil and Political Rights and
other related Human Rights Treaties to which Nigeria is a state party.
xxv. Given other regional Human Rights Jurisprudence in this field, the
Plaintiff contends that the ECOWAS Court can play a significant role in
emphasizing on the protection of the Human
Rights of the Plaintiff.
F. SUMMARY OF PLEAS IN LAW APPLICABILITY OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS
Article 4 of the Revised Treaty of the Economic Community of West
African States (ECOWAS), 1993 provides for the applicability of the
provisions of the Africa Charter on Human and Peoples’ Right to Member
States of the ECOWAS as follows:
The High contracting parties in pursuits of the objective stated in
Article 3 of this Treaty, solemnly affirm and declare their adherence to
the following principle;
4(g) ... recognition, promotion and protection of Human Peoples’ Right
in accordance with the provisions of the African Charter on Human and
Peoples’ Rights.
WHEREAS the Federal Republic of Nigeria has ratified and adopted the
provisions of Article 1 of the African Charter on Human and Peoples’
Right which provides that;
Article 2 of the Charter provides that;
Article 3 of the Charter provides that;
Article 4 of the Charter provides that;
Article 5 of the Charter provides that;
Article 6 of the Charter provides that;
Article 9 of the Charter provides that;
Article 10 of the Charter provides that:
Article 11 of the Charter provides that;
Article 14 of the Charter proves that;
Article 20 of the Charter provides the;
It is hereby submitted that under the combined Articles 1,2, 3, 4, 5, 6,
9, 10, 11, 14, and 20 of the African Charter on Human and Peoples’
Rights which Nigeria is a signatory, the Defendants have individually
and collectively violated the Human Rights of the Plaintiff to life, to
dignity of human person, to judicial guarantee, to fair trial, to
private property, to freedom of expression, to liberty, to movement, to
association, to Assembly and to self determination.
It is submitted further that the detention of the Plaintiff by the
Defendants, in the most inhuman conditions and dreaded Detention Centre
of the 3rd Defendant, torture, incarceration, assault, for over a period
of hundred days, even in flagrant disobedience to all orders of the
Court of competent jurisdiction directing his release, the killing of
the unarmed members of the Indigenous People of Biafra (IPOB) by the
Defendants’ agents, amount to serious but gross breaches of the
obligations and commitment of the Nigerian Government under the African
Charter on Human and Peoples’ Rights, the International Covenant on
Civil and Political Rights; the International Economic, Social and
Cultural Rights; the Universal Declaration of Human Rights and United
Nation General Assembly Resolution 2625 (XXV), of the United Nation
Charter of 1970.
These International Instruments establish the duty of the States parties
including Nigerian Government to respect and ensure respect for the
rights that they protect. The Plaintiff contends that these human rights
have been violated by the Defendants and their agents by a set of
actions and omissions.
The Plaintiff contends that freedom of assembly, movement, expression,
liberty and self-determination as clearly provided under the African
Charter above enumerated are essential to the condition of free
development of a person, and consist inter-alia of the right of those
who are legally within a State to move freely, express their opinion,
protest against unjust acts of the oppressors within the State.
The members of the Indigenous People of Biafra being led by the
Plaintiff are presently exposed to a much higher level of vulnerability
in the hands of the armed forces specifically detailed by the Defendants
to ensure total annihilation of the members of the Indigenous People of
Biafra, at all cost and by any means, this action of the Defendants and
their agents entails a grave, massive and systematic violation of the
fundamental rights of the Indigenous People of Biafra including the
Plaintiff, who had been arbitrarily held in captivity by the Defendants.
In totality, the Plaintiff contends that the Nigerian Government has not
only failed or neglected to prevent the violation of the Human Rights
of the Plaintiff, but had continued to wantonly violate the human rights
of the Plaintiff through the unjust, illegal and unlawful incarceration
of the Plaintiff, in clear contradiction to their obligation to protect
and guarantee the existence/enjoyment of the human rights of the
Plaintiff as clearly mandated under the African Charter on Human and
Peoples’ Rights, International Covenant on Civil and Political Rights,
Universal Declaration of Human Rights, Covenant of the League of
Nations, and Resolution 2625 (XXV) of the United Nation Charter of 1970.
G. ORDERS SOUGHT BY PLAINTIFF
The Plaintiff therefore is asking the ECOWAS Court of Justice for the following Reliefs:
1. A DECLARATION that the arrest and detention of the Plaintiff since
the 14th day of October, 2015, torture and his incarceration in the
Defendants detention Centre in flagrant disobedience to several Orders
of Court of competent jurisdiction directing his unconditional release,
is unlawful, as it constitutes serious breaches of Nigerian’s human
rights obligations under the African Charter on Human and Peoples’
Rights; the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights, and
other International Human Rights Treaties to which Nigeria is a State
party.
2. A DECLARATION that the killing, violent attacks, intimidation, arrest
and incarceration of the unarmed Plaintiff’s supporters, members of the
Indigenous People of Biafra (IPOB) by the Defendants and their agents
is unlawful and a crime against humanity.
3. A DECLARATION that the continued detention of the Plaintiff on
conjectured, frivolous and empty charge filed after over hundred days
of his illegal and unjust incarceration in the custody of the 3rd
Defendant, is unlawful, illegal and a gross breach of the Plaintiff’s
human rights as recognized by the African Charter on Human and Peoples’
Rights; the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights and
other International Conventions to which Nigeria is a signatory.
4. AN ORDER finding the Nigerian Government responsible for these human rights violations.
5. AN ORDER directing the Nigerian Government to further release the Plaintiff, held in their captivity, unconditionally.
6. AN ORDER directing the Defendants and or/their agents individually
and/or collectively to respect, protect and promote the Plaintiff’s
human rights to life, to liberty, to freedom of movement, to private
property, to assembly, to fair trial, to judicial guarantees, to freedom
of expression and to self-determination.
7. AN ORDER directing the Defendants and/or their agents individually to
release forthwith to the Plaintiff all his personal belongings
confiscated at the point of his arrest.
8. AN ORDER directing the Defendants and/or their agents individually
and/or collectively to pay adequate monetary compensation of $800
million (US Dollars) to the Plaintiff for the gross violation of his
human rights, the subject matter of this suit, and to provide other
forms of reparation, which may take the form of restitution,
satisfaction or guarantees of non-repetition, and other forms of
reparation that the Honourable Court may deem fit to grant.
9. NATURE OF EVIDENCE IN SUPPORT DOCUMENTARY & OTHERS:
1. The African Charter on Human and Peoples Rights.
2. UN International Covenant on Economic, Social and Cultural
3. UN International Covenant on Civil and Political Rights.
Rights.
4. Economic Community of West African states (ECOWAS) Revised
Treaty dated 24th July 1993.
5. Resolution 2625 (XXV) of the United Nation Charter of 1991.
6. Rulings of Courts of competent jurisdiction and orders made fragrantly disobeyed.
7. Photographs and video clips showing the genocidal massacre directing
the Defendants to release the Plaintiff which were all and unlawful
killing of the Plaintiff’s supporters (Indigenous People of Biafra
members) during a civil protest in Aba, the Abia State Capital in
Nigeria.
DATED THIS 2ND DAY OF MARCH 2016
PLAINTIFF’S SOLICITORS ADDRESS FOR SERVICE AT THE SEAT OF COURT
I.C EJIOFOR & CO
SUITE 122, ANBEEZ PLAZZA
FIRST FLOOR
RIGHT WING,
OPPOSITE OLD CAC HEADQUARTERS
PLOT 2121 NDOLA CRESCENT
WUSE ZONE 5 ABUJA.
PERSONS AUTHORIZED TO ACCEPT SERVICES
HON. IFEANYI EJIOFOR ESQ.
CHINWE C. UMECHE (MISS)
SADIYA AHMED
SERVICE MAY ALSO BE EFFECTED ON THE PLAINTIFF’S SOLICITORS, BY ANY TECHNICAL MEANS OF COMMUNICATION IN ACCORDANCE WITH
ARTICLE 33
RULE 2
THROUGH OUR EMAIL: iclawfirm@yahoo.com
FOR SERVICE ON THE DEFENDANTS:
1. THE FEDERAL REPUBLIC OF NIGERIA
C/O ATTORNEY GENERAL OF THE FEDERATION
FEDERAL MINISTRY OF JUSTICE ABUJA.
2. ATTORNEY GENERAL OF THE FEDERATION
FEDERAL MINISTRY OF JUSTICE, ABUJA.
3. THE DIRECTOR GENERAL STATE
SECURITY SERVICE
NATIONAL HEADQUARTERS
ASO-VILLA
ABUJA.
Brief about ECOWAS Community Court of Justice. http://biafransatellite.blogspot.my
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