The Federal High Court in Abuja has dismissed a N50 billion lawsuit filed by Nnamdi Kanu, the leader of the banned Indigenous People of Biafra, against the federal government.
Justice Inyang Ekwo, who issued the verdict on Thursday, stated that the matter was dismissed because it was not adequately followed up.
When the case came before the court, neither Kanu nor the Federal Government had a lawyer present.
Justice Ekwo noted out that Kanu did not have a legal representative at the last hearing, although the government did.
He also noted that the case had already been delayed three times for the same reason.
Since there was no one in court to continue the matter, the judge decided to strike it out.
Kanu had sued the Federal Republic of Nigeria and the Attorney-General of the Federation over what he called a violation of his rights.
The suit, marked FHC/ABJ/CS/462/2022, was filed after Kanu alleged that he was kidnapped in Kenya and illegally brought back to Nigeria.
He asked the court to decide “whether the way and manner in which the plaintiff was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws.”
He specifically mentioned, “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 wanted the court to rule on “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 claimed those charges were not the same as the ones he was extradited or brought back for.
In the original suit, Kanu sought 11 reliefs.
He asked the court to order his release from the Department of State Services’ custody and stop the government from continuing his trial in the current criminal case, FHC/ABJ/CR/383/2015, before Justice Binta Nyako.
He also asked for N100 million as compensation “as the cost of this action.”
However, in a notice of preliminary objection filed on June 27, 2022, the Federal Government and the AGF asked the court to dismiss the suit. They called it “an abuse of court process.”
They argued that Kanu had already filed a similar case before the Federal High Court in Umuahia, marked FHC/UM/CS/30/2022, with the same parties involved. This, they said, meant the Abuja court should not hear it again.
Earlier in the case, Kanu’s lawyer, Aloy Ejimakor, informed the court that he had filed a notice to take over from Chief Mike Ozekhome, who originally filed the case on April 7, 2022.
