Court Dismisses Nnamdi Kanu’s ₦50 Billion Suit Against FG

A Federal High Court in Abuja has dismissed a ₦50 billion lawsuit brought by the embattled leader of the banned Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government.

Naija News reports that Justice Inyang Ekwo ruled to strike out the case due to insufficient prosecution efforts.

During the court proceedings on Thursday, April 10, neither Kanu nor any legal representative for the Federal Government was present.

Justice Ekwo noted that in the previous adjournment, the federal government had been represented, but there was no legal counsel for Kanu.

The judge remarked that the case had already been adjourned three times due to the absence of representation, leading to dismissing the case.

Kanu had filed the lawsuit against the Federal Republic of Nigeria and the Attorney-General of the Federation, identified as the 1st and 2nd defendants in the case, numbered FHC/ABJ/CS/462/2022.

Kanu’s allegations against the defendants pertain to violations of his rights, claiming he was unlawfully abducted from Kenya and forcibly returned to Nigeria for trial.

He seeks a judicial determination on whether the circumstances of his abduction in Kenya and subsequent extraordinary rendition to Nigeria comply with existing legal standards.

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 leader of IPOB is requesting 11 forms of relief, which include an order for his release from the custody of the Department of State Services (DSS).

Additionally, he seeks an injunction preventing the defendants from proceeding with the prosecution related to criminal charge number FHC/ABJ/CR/383/2015, which is currently before a related court overseen by Justice Binta Nyako.

Kanu has also requested that the court grant him N100 million as compensation for the costs associated with this action.

However, in a preliminary objection notice dated June 6, 2022, and filed on June 27, 2022, the Federal Government and the Attorney General of the Federation (AGF) have asked the court to dismiss the case, labeling it as “an abuse of court process.”

One of their arguments is that Kanu had previously initiated a similar case in the Federal High Court, Umuahia Division, under suit number FHC/UM/CS/30/2022.

They further contend that both defendants were involved in that earlier suit, which they argue renders the current case an abuse of court process, thus depriving the court of the jurisdiction to hear this matter.

During one of the proceedings, Aloy Ejimakor informed Justice Ekwo that he had submitted a notice for a change of counsel.

Ejimakor indicated to the court that he would be taking over the case from Chief Mike Ozekhome, SAN, who had originally filed the suit on April 7, 2022.