NNAMDI KANU SUES DSS, MALAMI OVER CHANGE OF CLOTHES

Embattled Leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu has dragged the Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN, the State Security Service (SSS) and its Director General to the Federal High Court over alleged refusal to allow him change his clothes.

In an application filed yesterday by his lawyer, Mr. Maxwell Opara, the detained IPOB leader sought “AN ORDER directing the Respondents, jointly and severally, to immediately allow the Applicant to have a change of clothes in their detention facility or at any time he appears in public for his trial.”

In the court documents made available to CITY LAWYER, Kanu is also seeking “AN ORDER of this court directing the Respondents, jointly or severally, to allow the Applicant to start wearing any clothes of his choice, more so, to allow him to wear his traditional Igbo Attires (Isi-Agu) and/or other Igbo traditional attires of his choice.”

Kanu has also urged the court for “AN ORDER OF PERPETUAL INJUNCTION restraining the Respondents, their authorized agents by whatever name so called, from further disturbing or interfering with the rights of the Applicant to dignity of human person and freedom from discrimination or in any way infringing on the constitutional rights of the Applicant as guaranteed by law or from making any attempt capable of violating the Applicant’s rights as guaranteed under the Constitution.”

In the application brought pursuant to Order II Rules 1, 2, 3, & 5 of the Fundamental Rights (Enforcement Procedure) Rules, 2009, Sections 34(1)(a), 42(1) and 46(1) – (3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Articles 5 African Charter on Human and Peoples Rights (Ratification and Enforcement) Act Cap A9 Vol. 1 LFN 2004 and under the inherent jurisdiction of the court, the pro-Biafra activist is also seeking the following reliefs

1) A DECLARATION OF THIS HONOURABLE COURT that the Respondents, whilst carrying out their lawful duties, are bound to adhere to and/or respect the fundamental rights of all citizens of Nigeria as enshrined in Chapter 4 of the 1999 Constitution of the Federal Republic of Nigeria as amended and the Africa Charter on Human and Peoples Rights (Ratification and Enforcement) Act.

2) A DECLARATION OF THIS HONOURABLE COURT that the Applicant, even though currently a detainee, is entitled to the enjoyment of his fundamental right to dignity of human person as guaranteed under Sections 34(1)(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 5 African Charter on Human and Peoples rights (Ratification and Enforcement) Act CAP A9 Vol. 1 LFN 2004.

3) A DECLARATION OF THIS HONOURABLE COURT that the Applicant, even though currently a detainee, is entitled to the enjoyment of his fundamental right to freedom from discrimination as guaranteed under Sections 42(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)

4) A DECLARATION OF THIS HONOURABLE COURT that, notwithstanding that the Applicant is detained in the Respondents‟ detention facility, the actions of the Respondents, jointly and severally, in constantly refusing and/or preventing the Applicant from having a change of clothes or subjugating the Applicant to wearing one particular cloth against his will, both while within their detention facility or on days when he is to appear before the Federal High Court or other designated place/s for his trial, constitute a subjection of the Applicant to in human and degrading treatment, thus a gross violation of the Applicant‟s right to dignity of human person as guaranteed under Sections 34(1)(a) of the Constitution of the Federal Republic of Nigeria 1999 (as amended) and Articles 5 African Charter on Human and Peoples rights (Ratification and Enforcement) Act CAP A9 Vol. 1 LFN 2004.

5) A DECLARATION OF THIS HONOURABLE COURT that, notwithstanding that the Applicant is detained in the Respondents‟ detention facility, the actions of the Respondents in constantly preventing and/or commanding the Applicant to desist from wearing the traditional Igbo attire(Isi-Agu) or other attires identical to the Igbo Ethnic group of Nigeria; even when no law in Nigeria forbids the Applicant from wearing same and more so when it is a notorious fact that other inmates from other ethnic groups wear their traditional clothes, constitute a subjection of the Applicant to full-fledged discrimination by reason of his ethnic group or place of origin, thus a gross violation of the Applicant’s right to freedom from discrimination as guaranteed under Section 42(1) of the Constitution of the Federal Republic of Nigeria 1999 (as amended).

The application is accompanied by a 10-paragraph affidavit deposed to by Opara. No date has been fixed for hearing of the lawsuit.

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FCTA APPOINTMENTS: COURT TO HEAR SUIT AGAINST FG FEB. 2

The Federal High Court sitting in Abuja will on February 2, 2022 hear the suit brought by fiery human rights activist, Mr. Maxwell Opara challenging the appointment of mandate secretaries for the Fdereal Capital Territory (FCT).

In a statement made available to CITY LAWYER, Opara said: “Gentlemen of the Press, just to inform you that FEDERAL HIGH COURT 6 PRESIDED BY HON. I. E EKWO has slated 2nd February, 2022 to hear a matter filed by me Barr. Maxwell Opara challenging the lopsided appointment of FCT MANDATE SECRETARIES by Hon. Minister of FCT with the approval of the President.”

It is recalled that Opara had dragged President Muhammadu Buhari and the Minister of the Federal Capital Territory (FCT), Mallam Mohammed Bello before the Federal High Court over an alleged violation of the Federal Character Act in the appointment of Permanent Secretaries, Executive Secretaries, Personal Aides, Directors and other staff of the Federal Capital Territory Administration (FCTA).

The suit marked FHC/ABJ/CS/1523/2021 has the FCT Minister, President of the Federal Republic of Nigeria, Attorney General of the Federation and the Federal Character Commission as defendants.

The plaintiff is seeking an order of the court directing the FCT Minister and other defendants to comply with the provisions of Sections 4(1)(a)(b) and 5 of the Federal Character (Establishment) Act in appointments in all cadres of posts in FCTA.

Opara, who formulated three issues for the determination of the court, also wants the court to declare that the Federal Character Commission (FCC) is empowered by law to formulate principles and guidelines for the application of the federal character principle of fairness and equitable distribution of all cadre of posts in the federal government of Nigeria and to ensure compliance to the said formula.

He also prayed the court to declare that the 1st to 3rd defendants are under obligation to comply with the provisions of Part 1, Section 1 to 9 and Part III, Section 4 and 5 of the guiding principle and formulae for distribution of all cadre of posts and in appointments into all cadre of posts into the Federal Capital Administration.

He prays for “A declaration that the recent appointment on. 23 of November, 2021 of Perm-Secs, executive secretaries and other staffers if FCTA by 1st to 3rd defendants clearly offends sections 4(1)(a)(b) and 5 of the Federal Character Commission (Establishment, etc) and provisions of Part 1, sections 1 to 9 and Part III, section 4 and 5 of the guiding principle and formulae for distribution of all cadre of posts made pursuant to section 4(1)(a) of the Federal Character Commission (Establishment, Etc) Act and accordingly the said appointments are void”.

In a 20-paragraph affidavit deposed by the plaintiff, he said recently, the FCT Minister in conjunction with other defendants appointed political, ministerial and other staff of FCTA against the Federal Character principle.

According to REFLECTION, Opara alleged that the appointments as done by the FCT Minister favoured people who are mostly from the northern part of the country.

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BREAKING NEWS: NNAMDI KANU DISTANCES IPOB FROM KILLINGS, URGES CALM

The leader of the pro self-determination group, Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu has distanced the group from the ongoing killings in the South East and “pleaded that everyone should remain calm and peaceful,” his lawyer, Mr. Maxwell Opara has said.

In a statement he made available to CITY LAWYER following his visit to Kanu today, Opara also stated that Kanu also broke down in tears on hearing of the killing of renowned surgeon, Dr. Chike Akunyili.

According to Opara, “Mazi Nnamdi Kanu was traumatized by the disturbing sad news of the incessant killings of innocent persons in the South East and frowned at all attempt by the enemies who link IPOB with the killings of the innocent persons. He cried and prayed to God to raise his anger on those who killed Dr. Chike Akunyili and others. In my presence MNK broke down in tears while still praying. But in all, he pleaded that everyone should remain calm and peaceful.”

The fiery lawyer also said that the attitude of the Department of State Services (DSS) to visitors has changed considerably after his outcry on the treatment meted to him during his last visit, adding that “the DSS have learnt to be treating their visitors especially Lawyers with respect and decorum.”

His words: “Having heard about the court process I filed against them together with the condemnation and embarrassment from the members of the public, may I inform you that the DSS have learnt to be treating their visitors especially Lawyers with respect and decorum. I went to the DSS Headquarters today 30th September, 2021 to visit my client Mazi Nnamdi Kanu, I was surprised how they treated me and other visitors with decorum and respect without harassment and abuse. We shall continue to seek redress for our right whenever it’s violated.”

CITY LAWYER recalls that Akunyili, husband of deceased former Director-General of the National Agency for Drug Administration and Control (NAFDAC), Prof. Dora Akunyili, was killed yesterday around Onitsha after attending a memorial event in her honour.

There has also been a spate of killings especially in Anambra State in the run-up to the November 6, 2021 Governorship Election, even as IPOB spokesman Emma Powerful had issued a statement denying that IPOB has any links with the killings.

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‘NNAMDI KANU WEPT OVER MY TREATMENT BY DSS,’ SAYS LAWYER

A lawyer to the embattled leader of the Indigenous People of Biafra (IPOB), Mazi Nnamdi Kanu has told CITY LAWYER that Kanu broke down in tears over his alleged humiliation by the Department of State Services (DSS) during his visit to his client at DSS Headquarters, Abuja.

Narrating his ordeal in the hands of the secret service agency, Mr. Maxwell Opara told CITY LAWYER that he was almost stripped naked while attempting to have an audience with the self-determination activist.

According to Opara, “When MNK (Kanu) saw me (his lawyer) looking like awaiting trial inmate he felt so bad and started shedding tears, ‘that his lawyer is subjected to such degrading treatment simply because he came to visit him.’”

The fiery lawyer said that he had to console Kanu, adding: “I calmed him down and told him that I will personally narrate this to the whole world and as well address court on this issue in next court sitting. This is a country that claimed to practice democracy.”

The full text of the experience as sent to CITY LAWYER is below.

“It’s good I narrate this ugly incident to everyone to hear and circulate.

“Yesterday being 30th August, 2021, at about 3 to 4pm Nigerian time, I Maxwell Opara Esq went to DSS Headquarters Abuja to visit Mazi Nnamdi Kanu in line with the order of court that gave directives to some members of his legal team and family members to be visiting him every Monday and Thursday.

“Though I have been going there but yesterday after the normal screening, I was taking to another office where I was forced to remove my suit jacket, shoes & stockings, belt, medicated eyeglass, wedding ring, pen and plain sheet of paper which I wanted to use to record some of information MNK will give in preparation of his defense and applications we may be filing in court.

“I asked the officers who issued this order that lawyers should be subjected to this level, he said that the order is from above. I told them that I will never subject myself to that, they said then I am not ready to see MNK. Then due to the necessary need for me to see MNK, I had no option than to comply. I was given an ordinary slippers with my hands holding my trousers because my belt has been taken away from me.

“When MNK saw me (his lawyer) looking like awaiting trial inmate he felt so bad and started shedding tears, ‘that his lawyer is subjected to such degrading treatment simply because he came to visit him.’

“I calmed him down and told him that I will personally narrate this to the whole world and as well address court on this issue in next court sitting. This is a country that claimed to practice democracy.

“We shall continue to fight against injustice. I believe order lawyers in the legal team will narrate the same experience. Ahead ahead unstoppable!!! God is in control and in him we trust.”

The DSS is yet to respond to the lawyer’s claims.

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