The Federal High Court in Abuja has struck out a N50 billion suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government.
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 the plaintiff was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws”.
Specifically, Kanu 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.”
However, in a ruling on Thursday, Justice Inyang Ekwo struck out the suit for lack of diligent prosecution.
Justice Ekwo observed that in the last adjourned day, while no lawyer was in court for the IPOB leader, the Federal Government was represented in court by a counsel.
When the matter was called, neither Kanu nor the Federal Government was represented by any lawyer.
The judge, who said that the case had taken three adjournments due to no representation, consequently struck out the case.
