The Federal High Court in Abuja has dismissed a ₦50 billion fundamental rights enforcement suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government of Nigeria.
Delivering the ruling on Thursday, April 10, Justice Inyang Ekwo struck out the case due to a lack of diligent prosecution, stating that neither Kanu nor legal representatives for the Federal Government appeared in court to continue the matter.
Justice Ekwo emphasized that this was not the first time the case suffered delays. He noted that at the previous sitting, the IPOB leader had no legal representation, while the government was represented. Following repeated adjournments and the absence of both parties in court during the latest hearing, the judge decided to dismiss the suit.
Kanu had filed the suit—marked FHC/ABJ/CS/462/2022—alleging that he was unlawfully abducted in Kenya and illegally renditioned to Nigeria. He claimed the act violated provisions of the African Charter on Human and Peoples’ Rights and Nigeria’s Extradition Act.
In his suit, Kanu asked the court to determine whether his extraordinary rendition was legal, and whether he could be tried for offences that differed from those specified in his alleged extradition. He also demanded an end to his ongoing trial, release from detention, and ₦100 million in compensation for the alleged breach of his rights.
The suit named the Federal Republic of Nigeria and the Attorney-General of the Federation as respondents.
However, the Federal Government, through a preliminary objection filed on June 27, 2022, urged the court to dismiss the case, describing it as an abuse of court process. It pointed out that a similar suit with the same parties was already pending before the Federal High Court in Umuahia (FHC/UM/CS/30/2022), and argued that the Abuja court lacked jurisdiction.
Kanu’s legal team had changed representation during the course of the proceedings. His counsel, Aloy Ejimakor, had informed the court of his intention to take over from Chief Mike Ozekhome, SAN, who initially filed the suit on April 7, 2022.
With Thursday’s dismissal, the legal battle over Kanu’s claims of unlawful rendition and continued detention takes another significant turn, amid ongoing debates surrounding the legality of his arrest and prosecution.
