The suit is sui generis (of a special class) and it is primarily aimed at redressing the infamous unlawful expulsion or extraordinary rendition of Nnamdi Kanu, which is said to be a violation of his fundamental rights under Article 12(4) of the African Charter on Human and Peoples Rights, as well as Chapter IV of the Nigerian Constitution.
In addition to the rendition, the special counsel for Nnamdi Kanu/IPOB, Aloy Ejimakor, is asking the court to redress the myriad violations that came with the rendition, such as the torture, the unlawful detention and the denial of the right to fair hearing which is required by law before anybody can be expelled from one country to the other.
“I am also seeking to halt his prosecution and restore him to the status quo before his rendition on 19th June, 2021”, Ejimakor said.
On January 19, 2022, the High Court of Abia State had decided the portion of violation of Kanu’s fundamental rights that occurred in 2017.
However, Ejimakor said, “Even as I had made claims that bordered on rendition, the Court declined jurisdiction on grounds that rendition, being related to extradition, lies within the exclusive jurisdiction of the Federal High Court.
“This is what informed my decision to initiate the suit before the Federal High Court.”