A Federal High Court in Abuja has given permission for the commencement of a suit seeking to compel the State Security Service (SSS) and the Nigeria Police Force (NPF) to investigate and prosecute former Aviation Minister, Femi Fani-Kayode, Senator Eyinnaya Abaribe and others over their alleged involvement in how Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB) escaped from the country.
Justice John Tsoho gave the permission on Friday after listening to applicant’s lawyer, Oghenovo Otemu, who moved a motion ex-parte for leave to commence an action for order of mandamus.
The judge said he was convinced that the applicant, Isaiah Ayugu, could proceed to properly apply for the order sought.
Justice Tsoho ordered Ayugu to file a motion on notice to that effect and serve the respondents before the next date of November 22 this year.
Ayugu, in the ex-parte motion, said he was concerned about the turn of event and the damage the scandal about Kanu’s disappearance and the claim that the Nigerian sate was responsible have had on the nation’s image both at home and abroad.
He listed the Director General of the SSS, the SSS, the Inspector general of Police (IGP) and the NPF as respondents in suit marked: FHC/ABJ/CS/1254/18.
Ayugu argued that by recently revelation that Kanu was in Israel, it was evident that Fani-Kayode, Abaribe, Kanu’s lawyer, Ifeanyi Ejiofor and others, who had accused the Nigerian Army of being behind Kanu’s disappearance, knew about the IPOB leader’s escape from Nigeria.
The plaintiff stated, in a supporting affidavit, “that the said Nnamdi Kanu, the so called self-acclaimed leader of IPOB, da group that has long been proscribed and designated a terrorist group, is alive and was seen in Israel from where he called a world press conference and made a live broadcast of his new and renewed agenda for his group.
“In the broadcast, Kanu boasted that he will bring ‘hell to Nigeria.’ It is therefore clear that, whilst Senator Eyinnaya Abaribe, Femi Fani-Kayode, Ifeanyi Ejiofor, Tochukwu Uchendu, Emmanuel Shallow Ben, Emmanuel Kanu, Uchechi Kanu, leaders of Afaraukwu community in Umuahia North Local Government Area of Abia state, the different civil liberty organisations and media practitioners and so many others too numerous to mention were making several dangerous claims that Nnamdi Kanu has been killed, abducted or being held by the Army, they were aware that he was actually out of the country, by their collective or respective assistance, from where he resurfaced in video clips of him praying in Israel and subsequent video broadcast.
“Because Senator Abaribe took Nnamdi Kanu on bail, the case against Nnamdi Kanu has not seen the light of the day as Nnamdi Kanu has now jumped bail.”
The plaintiff said he intend to apply for an order of mandamus, mandating the respondents “to immediately investigate the circumstances surrounding the disappearance of Nnamdi Kanu from Nigeria when, in fact, the Nigerian Army was accused of abducting, arresting, kidnapping, killing and assassinating him.
“An order mandating the respondents to prosecute all persons suspected or indicted of involvement in aiding Nnamdi Kanu to evade justice.”
“An order mandating the respondents to investigate and prosecute Senator Eyinnaya Abaribe, Femi Fani-Kayode, Tochukwu Uchendu, Emmanuel Shallow Ben, Emmanuel Kanu, Ifeanyi Ejiofor and all those who worked together to propagate and spread the inciting lies and falsehood that Nnamdi Kanu was abducted, arrested, kidnapped, detained, killed and assassinated by the Nigerian military, when indeed they were well aware of Nnamdi Kanu’s whereabouts, because they played roles in helping Nnamdi Kanu disappear from Nigeria.”
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