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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