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Biafra: Court refuses to order Buratai to produce Nnamdi Kanu

A Federal High Court in Abuja, on Friday,
turned down request by the Indigenous
People of Biafra, IPOB, to order the Chief of
Army Staff, Lt.-Gen. Tukur Buratai, to
produce their leader, Nnamdi Kanu.
In a ruling that was delivered by Justice
Binta Nyako, the court dismissed an
application that was filed by a team of
lawyers representing the IPOB leader, which
prayed the court to compel Buratai to
produce their client, either dead or alive.
The IPOB lawyers, led by Ifeanyi Ejiofor, told
the court that they have not seen or heard
from their client since September 14, 2017,
when the Nigerian Army invaded his house,
“on a murderous raid, where life and mortar
bullets were fired on unarmed and
defenceless populace, leaving 28 persons
dead and abducting many.”
Pursuant to section 40 of the Federal High
Court Act, F12, LFN 2005 and section 6(6)
(1) (4) of the 1999 constitution, as
amended, Kanu’s lawyers applied for “an
order of Habeas Corpus ad subjiciendum,
commanding the Respondent (Buratai), to
produce the Applicant in Court.”
In a counter-affidavit filed in opposition to
the suit, Buratai told the court that Kanu
was never in custody of the Nigerian Army.
The army chief maintained that contrary to
claims in the suit, soldiers who were
deployed to the South-East for ‘Operation
Python Dance II, did not have any contact
whatsoever with Kanu on September 12 or
14, or anytime thereafter as alleged.
The Chief of Army Staff told the court that
the Nigerian Army did not at any time arrest
or took Kanu into custody within the period
the military operation lasted, even as he
denied allegation that soldiers invaded the
IPOB leader’s house in Afara-Ukwu Ibeku,
Umuahia, Abia State.
A colonel attached to the Chief of Army
Staff’s office in the Army Headquarters,
Abuja, Col. A.A Yusuf, who deposed to the
counter-affidavit on behalf of Buratai, said
the alleged invasion of Kanu’s house was
totally false.
The Army boss told the court that his men
only chased a truck he said was laden with
arms and explosives of different kinds, into
a compound he said was later discovered to
belong to Kanu and his father.

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