Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), has sued the attorney-general of the federation and the Department of State Services (DSS) for contempt of court proceedings over failure of the federal government to release him from detention.
On December 17, 2015, Adeniyi Ademola, a judge of the federal high court, had ordered the unconditional release of Kanu, which has since been denied.
In a statement at the weekend, Ifeanyi Ejiojor, counsel to Kanu, linked the continued detention of the IPOB leader to President Muhammadu Buhari’s comment at the presidential media chat on December 30, 2015, where he said no court would grant him bail.
“The order made on the 17 th day of December, 2016 by His Lordship, Hon. Justice A.F.A. Ademola, directing the unconditional release of Nnamdi Kanu was served on the State Security Services that same day the order was made,” he said.
“Still, the Department of State Security Services failed, refused and/or neglected to obey the order directing the unconditional release of Nnamdi Kanu, apparently due to reasons best known to them, which has no justification under any law.
“Thirteen days after this order was made, specifically on the 30th day of December, 2015, the President, Commander in Chief of the Armed Forces of the Federal Republic of Nigeria- President Muhammadu Buhari, announced to the whole world during his presidential media chat that Nnamdi Kanu cannot be granted bail by any Court in Nigeria.
“This extra judicial pronouncement by the Executive had continued to influence the direction of Nnamdi Kanu’s political trial, as part of the reasons given by the President during this Presidential media chat was quoted by the trial court as constituting the grounds militating against Nnamdi kanu’s freedom, while delivering ruling on his bail application.
“It is of elementary knowledge that an order of Court is a law, which must be obeyed by all and sundry, including all institutions of Government. It is the law that Orders of the Court no matter how it looks must be obeyed. But the anti-democratic forces have continued to treat with disdain and levity, positive orders of the Court granted in favour of Nnamdi kanu, particularly in his politically orchestrated trial,
“It is on the face of this flagrant disobedience to the order of Court directing the unconditional release of Nnamdi Kanu that we formally filed Form 48 (Notice of consequences of disobedience to Court Order) and Form 49 (Notice to show cause why the parties named in the application cannot be committed for contempt) respectively, on September 28, 2016, before the Chief Registrar of the Federal High Court Maitama, Abuja.
“The parties we are requesting the Court to commit for contempt in the application under reference, are the Hon. Attorney General of the Federation (who is the Chief Law officer of the Federation) and the Director General of the State Security Services.
“Upon the assignment of the application to a Court that will hear the contempt proceedings against the heads of these institutions that are in contempt of court order, a date will be given for a formal hearing of the contempt proceeding which in accordance with the relevant laws is a criminal proceedings.
“Very pertinent to note that none of the affected institutions of the Government affected by this order, nor the Federal Government has lodged an appeal against the order directing the unconditional release of Nnamdi Kanu. It is more so, when this order has not been vacated till date.”
Ademola,was one of the judges arrested by Department of State Security (DSS) on Saturday on allegations of corruption.
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