Justice Inyang Ekwo of the Federal High Court in Abuja has struck out a ₦50 billion fundamental rights enforcement suit filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government and the Attorney-General of the Federation (AGF).
The judge ruled on the matter on grounds of lack of diligent prosecution, noting that the case had been adjourned three times due to non-representation by the plaintiff. While the Federal Government’s legal team was present at the last sitting, Kanu’s legal team failed to appear, prompting the court to dismiss the case for want of prosecution.
Kanu had approached the court to challenge the circumstances surrounding his arrest and extradition to Nigeria from Kenya. He alleged that he was “abducted” and “extraordinarily renditioned” in a manner inconsistent with Nigeria’s domestic laws and international human rights protocols.
In his originating summons, the IPOB leader raised several legal issues, including whether his alleged abduction and forced return violated Article 12(4) of the African Charter on Human and Peoples’ Rights and the provisions of Nigeria’s Extradition Act. He further questioned whether he could be legally prosecuted for charges that were not the basis for his extradition.
The suit sought 11 key reliefs, including:
- An order for his immediate release from the custody of the Department of State Services (DSS).
- A restraining order preventing the Federal Government from continuing with his criminal prosecution.
- A declaration that his rendition and continued detention were unlawful and unconstitutional.
- A ₦100 million award in costs for the legal action.
However, the Federal Government, in a preliminary objection dated June 6, 2022, and filed on June 27, 2022, urged the court to dismiss the suit. The government argued that Kanu had filed a similar case with the same subject matter before the Federal High Court in Umuahia, Abia State, which made the current suit an abuse of court process. They maintained that both defendants in the Abuja case were also parties to the earlier suit, thereby robbing the Abuja court of jurisdiction.
During earlier proceedings, Kanu’s counsel, Aloy Ejimakor, informed the court of a change in legal representation. He announced that he had taken over the case from Senior Advocate of Nigeria (SAN) Mike Ozekhome, who had originally filed the suit on April 7, 2022. Despite this, Kanu’s legal team remained absent from the most recent court sessions, leading to today’s ruling.
With the dismissal of this suit, Kanu’s legal challenge over the legality of his extradition and continued detention faces a setback. However, his ongoing criminal trial before Justice Binta Nyako of the Federal High Court, Abuja, remains unaffected.
