Federal High Court Strikes Out Nnamdi Kanu’s N50 Billion Rights Suit Against Nigerian Government

The Federal High Court in Abuja has struck out a N50 billion fundamental rights enforcement suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government. Justice Inyang Ekwo issued the ruling on Thursday, citing lack of diligent prosecution as the reason for dismissing the case.

During the court proceedings, neither Kanu nor any legal representatives from either side were present. Justice Ekwo noted that at the last adjourned hearing, only the Federal Government had legal representation in court, while Kanu’s legal team was absent. The judge stated that the matter had already suffered three adjournments due to similar non-appearances and therefore had no choice but to strike it out.

The suit, marked FHC/ABJ/CS/462/2022, was originally filed by Kanu against the Federal Republic of Nigeria and the Attorney-General of the Federation (AGF). In it, he alleged that his rights were violated when he was abducted from Kenya and extraordinarily renditioned to Nigeria to face trial. He asked the court to determine the legality of this action under Nigerian law and various provisions of the African Charter on Human and Peoples’ Rights.

Kanu also challenged the validity of the charges against him, arguing that under Section 15 of the Extradition Act, he could not be tried for offences not forming the basis of his rendition. He sought 11 reliefs from the court, including an order for his release from Department of State Services (DSS) custody and a halt to his ongoing prosecution before Justice Binta Nyako. Additionally, he requested N100 million in costs.

However, in a preliminary objection filed in June 2022, the Federal Government and the AGF urged the court to dismiss the suit, calling it an abuse of court process. They pointed out that a similar case with the same parties and subject matter had already been filed at the Federal High Court in Umuahia (FHC/UM/CS/30/2022), rendering the Abuja suit incompetent.

At one point during proceedings, Kanu’s lawyer, Aloy Ejimakor, informed the court of a notice of change of counsel, indicating he would take over the case from Chief Mike Ozekhome, SAN, who originally filed the suit on April 7, 2022. Despite this, the case failed to proceed, ultimately leading to Thursday’s dismissal.