The Federal High Court in Abuja has struck out a N50 billion fundamental rights enforcement suit filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government.
Justice Inyang Ekwo dismissed the suit on Thursday due to lack of diligent prosecution.
At the resumed hearing, neither Kanu nor any legal representatives for both parties were present in court. Justice Ekwo noted that at the last adjourned date, while the Federal Government was represented by counsel, no lawyer appeared for Kanu.
He further observed that the suit had been adjourned three times without progress, leading to its dismissal.
Kanu had filed the suit—marked FHC/ABJ/CS/462/2022—against the Federal Republic of Nigeria and the Attorney-General of the Federation (AGF), alleging gross violation of his rights. He claimed he was abducted in Kenya and unlawfully renditioned to Nigeria to face trial.
In the suit, Kanu asked the court to determine whether his arrest and forced return complied with international and domestic laws, including Article 12(4) of the African Charter on Human and Peoples’ Rights and Section 15 of Nigeria’s Extradition Act.
The IPOB leader sought 11 reliefs, including his immediate release from the custody of the Department of State Services (DSS) and a restraining order against further prosecution under criminal charge FHC/ABJ/CR/383/2015 before Justice Binta Nyako. He also demanded N100 million in legal costs.
However, the Federal Government and the AGF, in a preliminary objection filed on June 27, 2022, urged the court to dismiss the case, arguing it constituted an abuse of court process. They pointed out that Kanu had previously filed a similar suit before the Federal High Court in Umuahia (suit number FHC/UM/CS/30/2022), involving the same parties and issues.
Kanu’s counsel, Aloy Ejimakor, had earlier informed the court of a pending notice for change of counsel, indicating he would be taking over the case from Chief Mike Ozekhome, SAN, who originally filed it on April 7, 2022.
