Friday, April 11, 2025 - The Federal High Court in Abuja has struck out a N50 billion fundamental rights enforcement suit filed by Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government.
Justice Inyang Ekwo delivered the ruling on Thursday, April
10, dismissing the case for lack of diligent prosecution. When the matter was
called, neither Kanu nor legal representatives from either side were present in
court.
Justice Ekwo noted that at the previous hearing, there was
no representation for Kanu, although the Federal Government had a lawyer
present. Citing repeated adjournments without progress, the judge concluded
that the suit lacked diligent follow-up and accordingly struck it out.
In the suit marked FHC/ABJ/CS/462/2022, Kanu had sued the
Federal Republic of Nigeria and the Attorney General of the Federation as first
and second defendants, respectively. He alleged that his arrest and return to
Nigeria from Kenya constituted an unlawful rendition and a violation of his
fundamental rights.
Kanu’s legal argument centered on whether his abduction and
extraordinary rendition were in line with Nigeria’s obligations under
international law—particularly Article 12(4) of the African Charter on Human
and Peoples’ Rights, and Section 15 of the Extradition Act, Cap E25, Laws of
the Federation of Nigeria 2004.
He also argued that the charges against him—counts 1 to 14
in an amended 15-count indictment—were not the same offenses for which he was
allegedly surrendered or renditioned to Nigeria.
Among the 11
reliefs sought, Kanu requested:
• His immediate release from the
custody of the Department of State Services (DSS)
• An order stopping further
prosecution in the ongoing criminal trial (FHC/ABJ/CR/383/2015)
• A compensation of N100 million
as costs for the suit
However, the Federal Government, in a preliminary objection
filed in June 2022, asked the court to dismiss the suit, describing it as an
abuse of court process. They argued that Kanu had already filed a similar suit
at the Federal High Court in Umuahia (FHC/UM/CS/30/2022), with the same parties
and facts.
The government maintained that the existence of the earlier
suit robbed the Abuja court of jurisdiction to entertain the current case.
During one of the hearings, Kanu’s lawyer, Aloy Ejimakor,
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 now been
officially struck out, marking a setback in Kanu’s legal battle against the
Nigerian government.
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