The Governorship candidate of Young Progressives Party (YPP) Senator Ifeanyi Uba has approached the Federal High Court asking for permission to visit detained leader of indigenous People of Biafra, Mazi Nnamdi Kanu in the custody of Department of State Security Services.
The motion 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 same Constitution.
Senator Ifeanyi Uba and one of his lawyer Maxwell Opara who were at the Federal High Court on Monday told journalists that the motion was necessitated by the refusal of the Department of State Security Services to grant him access to see Nnamdi Kanu.
In the motion on notice dated October 15, marked FHC/ABJ/CR/383/2021, the plaintiff (Uba) is praying for an order of the court granting him leave to visit the Defendant, Nnamdi Kanu, in DSS custody, as part of his oversight legislative function.
“An order of this Honourable 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 Uba ,he averred 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.
“That I state that the action of the DSS in denying me access to visit and amicably intervene and provide solutions to the lingering Sit-At-Home orders, securities issues and violence in the South East is a disservice to the Federal Republic of Nigeria.
“That I visited and intend to visit the Defendant in my capacity as a senator of the Federal Republic of Nigeria and for purposes of attempting to ameliorate and fashion a meeting point or create a discussion table aimed at reducing tension and quelling the agitation and killings in the South East.
“That the visit is part of my oversight legislative function, which I am empowered by the Constitution of Nigeria to perform.
“That his seeking to see the Defendant is in the interest of national peace and security” the affidavit stated.