A Federal High Court sitting at Umuahia, Abia State capital, yesterday, scheduled a ruling on the matter of its territorial jurisdiction (TJ) in the fundamental rights suit filed by the Indigenous People Of Biafra (IPOB) leader, Mazi Nnamdi Kanu, against the Federal Government, President of Nigeria and Attorney General of the Federation on October 4, 2022.
When the court, presided over by Justice Evelyn Anyadike, on March 25, 2022, raised the issue of having or not having the territorial jurisdiction to entertain and determine the suit, parties were asked for written addresses before a substantive hearing would commence.
Kanu’s Special Counsel, Mr. Aloy Ejimakor, who led two other counsels, Patrick Agazie and Ohaeto Uwazie, at yesterday’s court sitting, which the defendants and their counsels reportedly absented from, insisted that the Umuahia Federal High Court has jurisdiction to hear and determine the territorial jurisdiction issue, arising from the suit marked FHC/UM/CS/30/22.
The suite has to do with Kanu’s enforcement of his fundamental right to dignity, personal liberty, fair hearing, no arbitrary arrest and determination, including no unlawful expulsion.
Addressing the court in his written address, Ejimakor submitted that the court has territorial jurisdiction to determine this fundamental rights suit.
Ejimakor argued that “Section 46 (1) of the 1999 Constitution, which provides that any person who alleges that any of the provisions of this chapter has been, is being or likely to be contravened in any state, in relation to him, may apply to a high court in that state for redress.
“Order 2, Rule 1 of the Fundamental Rights (Enforcement Procedure) Rules 2009, which provides that any person who alleges that any of the fundamental rights provided for in the constitution or African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, and to which he is entitled, has been, is being or is likely to be infringed, may apply to the court in the state where the infringement occurs or is likely to occur for redress.”
While adjourning to October 4, 2022, for the ruling on the matter, Justice Anyadike indicated that it would be thereafter that hearing the substantive case would follow.
Credit : THE GUARDIAN.
