Court Strikes Out Nnamdi Kanu’s N50 Billion Suit Against FG For Lack Of Diligent Prosecution
The Federal High Court in Abuja on Thursday struck out a N50 billion suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government.
Justice Inyang Ekwo, in a ruling, struck out the suit for lack of diligent prosecution.
When the matter was called on Thursday, neither Kanu nor the Federal Government was represented by any lawyer. Justice Ekwo observed that at the last adjourned date, while no lawyer was present for the IPOB leader, the Federal Government was represented by counsel.
The judge, noting that the case had suffered three adjournments due to lack of representation, consequently struck out the case.
Kanu had sued the Federal Republic of Nigeria and the Attorney-General of the Federation (AGF) as first and second defendants in the suit marked FHC/ABJ/CS/462/2022.
He alleged that he was kidnapped from Kenya and brought back to Nigeria to stand trial, claiming violations of his rights.
Kanu asked the court to determine whether the manner in which he was abducted in Kenya and extraordinarily renditioned to Nigeria was consistent with extant laws, citing Article 12(4) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004, and Article/Part 5(a) of the African Charter’s Principles and Guidelines on Human and Peoples’ Rights While Countering Terrorism in Africa.
He also urged the court to decide whether, under Section 15 of the Extradition Act, Cap E25, Laws of the Federation of Nigeria, 2004, he could be competently and legally tried for offences listed in counts 1 to 14 of the 15-count amended charge, arguing that these were not the offences for which he was surrendered or extraordinarily renditioned to Nigeria.
In the originating summons, Kanu sought 11 reliefs, including an order for his release from the custody of the Department of State Services (DSS). He also sought an order restraining the defendants from taking any further steps to prosecute him over criminal charge no: FHC/ABJ/CR/383/2015, currently pending before Justice Binta Nyako.
Additionally, he requested the court to award him N100 million as the cost of the action.
However, in a notice of preliminary objection dated June 6, 2022, and filed on June 27, 2022, the Federal Government and the AGF asked the court to dismiss the suit, describing it as an abuse of court process.
They argued that Kanu had filed an earlier suit with similar facts before the Federal High Court, Umuahia Division, in suit number FHC/UM/CS/30/2022, and that the two defendants were also parties in that case. According to them, this rendered the Abuja suit an abuse of court process, depriving the court of jurisdiction to entertain it.
At one of the proceedings, Kanu’s counsel, Aloy Ejimakor, informed the court that he had filed a notice for a change of counsel. Ejimakor indicated he would be taking over the case from Chief Mike Ozekhome, SAN, who had initially filed the suit on April 7, 2022.
