The Federal High Court in Abuja has dismissed a N50 billion fundamental rights enforcement suit filed by Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB), against the Federal Government. Justice Inyang Ekwo delivered the ruling on Thursday, April 10, citing a lack of diligent prosecution. Neither Kanu nor any legal representatives appeared in court when the case was called.
Justice Ekwo noted that at a previous hearing, there was no legal representation for Kanu, although the Federal Government had a lawyer present. He pointed to repeated adjournments without progress and concluded that the case had not been diligently followed, leading to its dismissal.
Kanu had filed the suit (FHC/ABJ/CS/462/2022) against the Federal Republic of Nigeria and the Attorney General of the Federation, claiming that his arrest and return to Nigeria from Kenya amounted to unlawful rendition and violated his fundamental rights. His legal argument focused on whether his abduction and extraordinary rendition violated Nigeria’s obligations under international law, specifically the African Charter on Human and Peoples’ Rights and Nigeria’s Extradition Act.
Among the 11 reliefs sought, Kanu requested his immediate release from the custody of the Department of State Services (DSS), an order halting his ongoing criminal trial (FHC/ABJ/CR/383/2015), and N100 million in compensation for the costs of the suit.
The Federal Government had filed a preliminary objection in June 2022, asking the court to dismiss the suit, claiming it was an abuse of the court process. The government argued that Kanu had already filed a similar suit in Umuahia (FHC/UM/CS/30/2022) involving the same parties and facts, thus rendering the Abuja court without jurisdiction to hear the case.
Kanu’s lawyer, Aloy Ejimakor, had informed the court that he had filed a notice to take over the case from Chief Mike Ozekhome (SAN), who initially filed the suit in April 2022. With Thursday’s ruling, the N50 billion suit has been officially struck out, marking a significant setback in Kanu’s legal battle against the Nigerian government.
setback indeed