Justice Inyang Ekwo of the Federal High Court Abuja has struck out a N50 billion suit filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government.
In a ruling, Justice Ekwo struck out the suit for lack of diligent prosecution.
At the hearing, neither Kanu nor the Federal Government was present in court. Justice Ekwo noted that the case had been adjourned three times due to lack of representation, with the Federal Government’s legal team attending on the last occasion, but no lawyer present for Kanu. As a result, the judge ruled that the suit should be dismissed.
Kanu had sued the Federal Government and Attorney-General of the Federation.
He sued the defendants over allegations bordering on violation of his rights, further alleged that he was kidnapped from Kenya and brought back to Nigeria to stand trial.
He wants the court to determine “whether the 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 Department of State Services (DSS)’ custody.
He is also seeking an order restraining the defendants from taking any further step to prosecute him over criminal charge 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.
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 Mike Ozekhome, SAN, who filed the suit on April 7, 2022.
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