The N25 billion basic rights lawsuit brought by Nnamdi Kanu has been set for hearing on January 4 by a Federal High Court in Umuahia, Abia State.
The unlawful Indigenous People of Biafra (IPOB) leader Kanu is contesting his detention and "expulsion" from Kenya by Nigerian security personnel.
This information was provided in a statement on Thursday by Aloy Ejimakor, Mr. Kanu's special counsel, who filed the lawsuit on the leader of IPOB's behalf in March.
Kanu is being held by State Security Services (SSS), the secret police of Nigeria, in Abuja while he is on trial for terrorism.
Ejimakor said Mr Kanu approached the federal court after a state high court on 19 January declined jurisdiction on grounds that his alleged rendition, being related to extradition, lies within the “exclusive jurisdiction” of federal court.
“This is what informed my decision to initiate the suit before the federal high court,” the lawyer said.
The IPOB leader is asking the Federal High Court to declare his arrest, detention and prosecution illegal.
He wants the court to compel the Nigerian government to release and “repatriate him to Britain, his country of domicile and citizenship”.
Kanu told the court that his arrest in Kenya and subsequent trial in Nigeria was an infringement of his fundamental rights to personal liberty and fair hearing as guaranteed under the Nigerian Constitution and the African Charter on Human and People’s Rights.
The IPOB leader is asking the court to compel the Nigerian government to pay him N25 billion for the “physical, mental, emotional, psychological, property and other damages”.
He is also asking the court to declare, as unlawful, the military invasion of his home in Abia State in September 2017, and to compel the Nigerian government to tender a public apology to him “for the infringement of his fundamental rights”.
The respondents in the suit include, the Federal Government of Nigeria, the Attorney General of the Federation, the Chief of Army Staff, Brigade Commander,14 Brigade Ohafia, and the Inspector General of Police.
Others are the Commissioner of Police, Abia State, the Director General of the SSS, and the Abia State Director of the SSS.
IPOB is leading the agitation for an independent republic, Biafra, which its wants carved out from Nigeria’s South-east and parts of South-south.
The group has been accused of being responsible for the deadly attacks in the two regions.
Mr Kanu was previously arrested and released on bail. He jumped bail in 2017.
He was “intercepted” in Kenya in June, last year, by Nigerian security agents and brought back to Abuja.