- The chief of army staff, Tukur Buratai, has been dragged to court by the lawyer of the leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu
- Kanu is asking the court to make an order to mandate Buratai to produce him in court on his next trial date
- In suit filed by Kanu's lawyer, he claims his client has not been seen since soldiers invaded his house
The leader of the Indigenous People of Biafra (IPOB) Nnamdi Kanu has dragged the chief of army staff, Tukur Buratai, to court.
The IPOB leader in an originating motion filed before the Federal High Court in Abuja, Kanu, prayed the court to give an order of 'Habeas Corpus ad subjiciendum' which will command Buratai to produce him in court on his next adjournment date for the criminal trial he is facing.
Kanu also prayed that further orders which the court may deem fit be given.
The motion was filed by Kanu's lawyer, Ifeanyi Ejiofor and supported by an affidavit written by Prince Mandela Umegborogu, an associate solicitor in the law firm of I.C. Ejiofor &CO.
The motion also has Kanu as the only applicant and the chief of army staff as the respondent.
The grounds for the relief, the application said include that the IPOB leader was, before he went missing, know to have lawfully exercised his constitutional right of freedom of association, peaceful assembly and self determination.
The application also said Kanu was still enjoying the bail granted him by the court, when the prosecution in his trial requested the court to revoke his bail.
It also accused the Nigerian military of acting under express command handed down by the Buratai and violently invaded the applicants home in Afara Ukwu Ibeku in Umuahia, killing many.
Part of the grounds for the relief reads: "On 14th day of September, 2017, the Nigerian military led by soldiers of the Nigerian army invaded the applicant’s house on amurderous raid, where life and mortar bullets were fired on unarmed and defenseless populace, leaving 28 persons dead and abducting many.
"The applicant who was in the house during this bloody onslaught by the soldiers, has not been heard from or seen after this bloody attack in his home by the Agents of the Respondent since the 14th day of September 2017.
"That the invading soldiers in their desperate bid to ensure that the Applicant is caught in the attack climbed stairs to his bedroom upstairs to shot him; walls of his bedroom were riddled with bullets.
"The invading Soldiers who had direct contact with the Applicant on this fateful day (14 th day of September 2017) should be in a position to produce the Applicant before the court. It is either the Respondent’s rampaging Soldiers abducted the Applicant during this raid or must have killed him in the process.
"Section 40 of the Federal High Court Act empowers this Court to Order that a Writ of Habeas Corpus ad Subjiciendum; (A Writ directed to someone detaining another person and commanding that the detainee be brought to Court) be issued on the Respondent, to produce the Applicant in Court, particularly now his substantive criminal trial is coming up on the 17 th day of October, 2017.
"The Court is vested with inherent powers Under Section 6(6) (a)- (d) of the Constitution of the Federal Republic of Nigeria 1999 as (Amended 2011) to entertain this application and grant reliefs sought herein."
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NAIJ.com earlier reported that the younger brother to the IPOB leader Emmanuel Kanu had called on the Nigerian military to either release his brother or his body to him.
Emmanuel in a recent interview said his family has been searching for the IPOB leader for two weeks without any progress.
He said Kanu is being held by the military since the invasion of soldiers on their father's palace in Umuahia.
You can watch this NAIJ.com exclusive video of Kanu's lawyer speaking on the military's invasion of his client's residence: