In February, security forces told TheCable that the IPOB leader was spotted in Ghana alongside his wife.
He later resurfaced in an undated video of him observing some rites at the Wailing Wall in Jerusalem.
But the plaintiff, in a suit through Abiodun Sodiq, his counsel, said Kanu was hiding in the UK, asking the court to order his repatriation within 21 days.
Okonkwo listed the British high commission in Nigeria, the Department of State Services (DSS) and the attorney-general of the federation as 1st, 2nd and 3rd defendants respectively in the case.
He prayed the court to determine the following issues: “Whether the 1st Defendant 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?
“Whether by a true interpretation of Sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013 the 2nd Defendant 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?
“Whether the 3rd Defendant, 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 being a fugitive cum terrorist in the 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?
The plaintiff, therefore, prayed the court to declare that the 2nd respondent “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.”
He asked the court to order that the AGF is under a statutory duty to advise President Muhammadu Buhari to severe diplomatic ties with the British high commission in Nigeria ”for harbouring Mazi Nnamdi Kanu being a fugitive cum terrorist”
Okonkwo also asked the court to order the 1st defendant “to tender 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 for her complicity in facilitating the escape from justice and harbouring of Mazi Nnamdi Kanu in the Great Britain, 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.”
IPOB was banned and declared a terrorist group by the federal government in September 2017.
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