Kanu
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The Federal High Court in Abuja has struck out a N50 billion suit filed by Nnamdi Kanu, leader of the Indigenous People of Biafra, IPOB, against the Federal Government.
Justice Inyang Ekwo on Thursday, dismissed the suit for lack of diligent prosecution.
Neither Kanu nor the Federal Government was represented by any lawyer when the matter was called up on Thursday.
Justice Ekwo noted that on the last adjourned day, though no lawyer was in court for the IPOB leader, the Federal Government was represented in court by a counsel.
He added that the case had taken three adjournments due to no representation and consequently struck it out.
Kanu had sued the Federal Republic of Nigeria and the Attorney-General of the Federation (AGF) as 1st and 2nd defendants in the suit marked FHC/ABJ/CS/462/2022, over allegations bordering on violation of his rights.
He claimed that he was kidnapped from Kenya and brought back to Nigeria to stand trial.
He wants the court to determine “whether the way and manner in which the plaintiff was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws.”
Specifically, he cited “the provisions of 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.”
Kanu also wants the court to determine “whether by the operation of Section 15 of the Extradition Act Cap E25, Laws of the Federation of Nigeria 2004, the plaintiff can be competently/legally tried for offences stated in counts 1 to 14 of the 15-count amended charge.
He said the counts “are not the offences for which he was surrendered or extraordinarily renditioned to Nigeria.”
In the originating summons, the IPOB leader is seeking 11 reliefs, including an order for his release from the Department of State Services (DSS)’ custody.
Furthermore, Kanu is seeking an order restraining the defendants from taking any further steps to prosecute him over criminal charge no: FHC/ABJ/CR/383/2015, which is presently pending before a sister court presided over by Justice Binta Nyako.
He is also asking the court to award the sum of N100 million to him “as the cost of this action.”
However, in a notice of preliminary objection dated June 6, 2022, but filed June 27, 2022, the Federal Government and AGF prayed the court to dismiss the suit, describing it as “an abuse of court process.”
The defendants argued that Kanu had filed an earlier suit with similar facts before a Federal High Court, Umuahia Division, in suit number FHC/UM/CS/30/2022, adding that two defendants were parties in the suit.
They reasoned that this rendered the suit as an abuse of court process that deprived the court of the jurisdiction to entertain the instant suit.
Aloy Ejimakor had, in one of the proceedings, told Justice Ekwo that he had filed a notice for a change of counsel and taking over from Chief Mike Ozekhome, SAN, who initially filed the suit on April 7, 2022.
