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 on the last adjourned day, while
no lawyer was in court for the IPOB leader, the Federal Government was
represented in court by a counsel.
The judge, who said the case had taken three adjournments
due to no representation, consequently struck out the case.
DAILY POST reports that Kanu had sued the Federal Republic
of Nigeria and Attorney-General of the Federation, AGF, as 1st and 2nd
defendants in the suit marked: FHC/ABJ/CS/462/2022.
Kanu, who sued the defendants over allegations bordering on
violation of his rights, alleged 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 he 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.
He is also seeking 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 a sister court presided over by
Justice Binta Nyako.
Kanu also asked the court to award the sum of N100 million
to him “as the cost of this action.”
But 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.”
Giving one ground of argument, 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.
They further argued that the two defendants were parties in
the suit.
According to the defendants, this renders this 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.
Ejimakor told the court that he would be taking over the
case from Chief Mike Ozekhome, SAN, who filed the suit on April 7, 2022.
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