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Justice John Tsoho of a federal high court has been asked to order the British High commission and the Nigerian Immigration Service to arrest and repatriate Mazi Nnamdi Kanu from the United Kingdom back to Nigeria to stand his trial.

In a suit dated ‎4th October and filed on the 5th by Kanu's kinsman, Ugochukwu Kenneth, through his lawyers, Obor John, Esq. and Tersagh Unande, Esq‎, ‎also asked the court for an order directing the Attorney-General of the Federation to advise President Mohammadu Buhari to declare the British High Commission as persona non grata for her complicity in facilitating and harbouring a fugitive from justice in her territory being the United Kingdom.

Joined in the case with ‎suit number FHC/ABJ/CS/9300/17 are the British High Commission, the Comptroller, Nigerian Immigration Service and the Attorney-General of the Federation.

The case has been assigned to Justice Tsoho and will be coming up on ‎October 12, 2017.
In the suit, the plaintiff asked the court to determine whether by a true interpretation of Sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013 the 1st and 2nd Defendants have not abdicated their duties by failing, neglecting or omitting to prevent and arrest the IPOB separatist leader, Mazi Nnamdi Kanu, who is standing trial for treason and terrorism in Nigeria from illegally travelling to the United Kingdom.


 He also asked the court to determine whether the British High Commission is not under obligation to repatriate Mazi Nnamdi Kanu –a fugitive from justice irrespective of him holding dual nationalism of Nigeria and the United Kingdom, back to Nigeria to stand trial for the offences of treason and terrorism pursuant to the provisions of the Terrorism (Prevention) (Amendment) Act, 2013 and the United Nations Convention on Terrorism.

The plaintiff prayed the court for the following reliefs‎:
A declaration that by a true interpretation of Sections 1, 4 and 5 of the Terrorism (Prevention) (Amendment) Act, 2013 and Section 2 (1) of the Immigration Act 2015 the 1st and 2nd Defendants have abdicated their duties by failing, neglecting or omitting to prevent and arrest the IPOB separatist leader, Mazi Nnamdi Kanu, who is standing trial for treason in Nigeria from illegally travelling to the United Kingdom and remaining as a fugitive from justice in the United Kingdom.

 A declaration that the British High Commission is under obligation to repatriate Mazi Nnamdi Kanu-a fugitive from justice, irrespective of him holding dual nationalism of Nigeria and the United Kingdom, back to Nigeria to stand trial for the offences of treason and terrorism pursuant to the provisions of the Terrorism (Prevention) (Amendment) Act 2013 and the United Nations Convention on Terrorism.

He also prayed the court for an order compelling the 1st and 2nd Defendants to arrest and repatriate Mazi Nnamdi Kanu from the United Kingdom back to Nigeria to stand his trial.

 He prayed the court to make an order compe the 3rd Defendant to advise the President of the Federal Republic of Nigeria to declare the British High Commission as persona non grata for her complicity in facilitating and harbouring a fugitive from justice in her territory being the United Kingdom.

In the affidavit in support of the suit, deposed to, by the plaintiff, he said, "That consequent upon the above condition, Senator Enyinnaya Harcourt Abaribe, the Senator representing the good people of Abia South Senatorial District of Abia State, Tochukwu Uchendu and Jewish Chief High Priest Immanuel –El Shalom Oka-Ben Madu perfected the bail bond which facilitated the release of Mazi Nnamdi Kanu.


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