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Legal Fireworks: Ifeanyi Ubah seeks unconditional release of Nnamdi Kanu

—Motion for order to visit detained IPOB leader for hearing today

By Joe Nwankwo

As the leader of the Indigenous People of Biafra (IPOB) Mazi Nnamdi Kanu appears in Court today the Senator Representing Anambra South Senatorial District and leading Governorship Candidate for Anambra gubernatorial elections slated for November 6,, Dr Patrick Ifeanyi Ubah, has demanded for his unconditional release as a panacea to dousing the tension in the South East of the country. 

This is as his motion asking a Federal High Court Sitting in Abuja for an order granting him leave to visit the detained leader of the Indigenous People of Biafra (IPOB) at the Department of State Security Services (DSS) custody would be heard today.

The governorship candidate of the Young Progressives Party (YPP) stated that the call for the unconditional release of the detained IPOB leader has become necessary due to the escalating level of insecurity in the South East noting that the agitation was borne out of the Ill treatment meted out to Ndi Igbo.

Ubah had in his motion for access to visit Nnamdi Kanu told the court to grant him the order as part of his legislative function.

He also sought an order directing the DSS to allow him access to their detention facility for the purposes of visiting Nnamdi Kanu.

The Anambra South Senator  sought order of the court following the alleged refusal of DSS authorities to allow him access to the detained Biafran leader after two visits.

A motion on notice to that effect was brought pursuant to section 36(1) of the 1999 Constitution, as amended and under the inherent jurisdiction of the court as preserved vide section 6(6)(b) of the said Constitution.

In the motion marked FHC/ABJ/CR/383/2021, the plaintiff (Uba) among others, is praying for an order of court granting him leave to visit the defendant, Nnamdi Kanu, in DSS custody, as part of his oversight legislative function. 

“An order of the court directing the complainant and/or the Department of State Services (DSS) to allow the said Senator Dr. Ifeanyi Uba access to their detention facility for purposes of visiting the defendant, Nnamdi Kanu”. 

In an affidavit personally deposed to  by Senator Ubah it was stated that “there had been serious agitation aimed at pressing home his release and this had degenerated into proclamation of Sit-At-Home orders in the South East; a situation which is crippling the economy of the South East. 

“That I know that the Sit-At-Home orders are a medium of expression of solidarity to the detained Defendant and same has been hijacked by unknown criminal elements who are now terrorizing the South East and engaging in wanton killings, assassinations and burning of valuable properties. 

“That I state that the Sit-At-Home orders have gravely affected the economy of the South East and had often led to the killing of flouters, arson and assassination of notable persons by a terror group called unknown gunmen. 

“That there is an allegation that all the above criminalities are being championed by the Indigenous Peoples of Biafra under the leadership of the detained Defendant; an allegation which has been denied severally; yet the situation continues to worsen. 

“That as a senator from the South East Geo-Political Zone of Nigeria, I took it upon myself in carrying out my oversight legislative functions to visit the defendant at the DSS detention facility to ascertain from him if he is involved in any way in what is happening in the South East and to seek way of amicable settlement of the separatist agitation in the South East in the overall interest of Nigeria. 

“That at the DSS detention facility, I was denied access, to the defendant and directed to approach this court to obtain permission before I could be allowed access to the Defendant.

Ubah stated that only equity and justice will return the desired peace in Nigeria adding that he and the South East caucus in the Senate are working towards finding an amicable resolution of the impasse.

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