Nnamdi Kanu Filed an enforcement of Fundamental Rights action through his Lawyer Barr. Maxwell Opara against DSS and Federal Government challenging them for denying him access to wear his ISHIAGU IGBO ATTIRE stating that their actions amount to discrimination against him as an IgboMan because other defendants standing trial in courts normally wear their various traditional attire and while should his own be different.
IN THE FEDERAL HIGH COURT OF NIGERIA IN THE ABUJA JUDICIAL DIVISION HOLDEN AT ABUJA
SUIT NO:
IN THE MATTER OF AN APPLICATION BY NNAMDI KANU FOR THE ENFORCEMENT OF HIS FUNDAMENTAL RIGHTS
AND
IN THE MATTER OF:
NNAMDI KANU……………………………………. APPLICANT AND
1. DIRECTORGENERAL, STATE SECURITY SERVICE.
2. STATE SECURITY SERVICE, NIGERIA
3. ATTORNEY GENERAL OF THE FEDERATION
ORIGINATING MOTION
RESPONDENTS
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 THIS HONOURABLE COURT
TAKE NOTICE that this Honorable Court will be moved on the _____ day of _______________ 2022 at the hour of 9 O‟clock in the forenoon or so soon thereafter as Counsel can be heard on behalf of the Applicant praying the Court for 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).
6) 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.
7) 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.
8) 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.
9) AND FOR SUCH FURTHER OR OTHER ORDER(S) as the Court may deem fit to make in the circumstances.
TAKE FURTHER NOTICE that on the hearing of this application the said Applicant will make use of the affidavit and the exhibit herein annexed.
Dated 11th day of April, 2022.
………………………………………………………..
Maxwell Chibuike Opara Esq. LL.M, Chrt.MC, Notary Public.
