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.
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.