Abuja: The Federal High Court in Abuja struck out a N50 billion suit filed by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government. Justice Inyang Ekwo ruled to dismiss the suit due to a lack of diligent prosecution.
According to News Agency of Nigeria, the suit was struck out as neither Kanu nor the Federal Government was represented by any lawyer when the matter was called. Justice Ekwo noted that during the last adjourned day, no lawyer was present for the IPOB leader, although the Federal Government was represented by a counsel. The judge remarked that the case had seen three adjournments owing to no representation, leading to the decision to strike out the case.
Kanu had filed the suit against the Federal Republic of Nigeria and the Attorney-General of the Federation as the 1st and 2nd defendants under suit number FHC/ABJ/CS/462/2022. The lawsuit was centered around allegations of rights violations, with Kanu claiming he was kidnapped from Kenya and brought back to Nigeria to stand trial. He sought the court’s determination on the legality of his abduction and rendition under African Charter provisions and the Extradition Act of Nigeria.
The IPOB leader was seeking 11 reliefs, including his release from the Department of State Services’ custody and an order preventing further prosecution over an ongoing criminal charge. Additionally, Kanu requested N100 million as the cost of the action. However, the Federal Government and AGF filed a preliminary objection, arguing that the suit was an abuse of court process due to a similar case filed earlier in the Umuahia Division.
The defendants contended that the duplication of suits rendered the action an abuse of court process, thereby depriving the court of jurisdiction. The News Agency of Nigeria noted that Aloy Ejimakor, in a previous proceeding, informed Justice Ekwo of a change of counsel, taking over from Chief Mike Ozekhome, SAN, who initially filed the suit in April 2022.