Court Strikes Out Nnamdi Kanu’s N50 Billion Rights Violation Suit Against Federal Govt

Abuja, Nigeria– A Federal High Court sitting in Abuja on Thursday struck out a N50 billion fundamental rights enforcement suit filed by the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government of Nigeria, citing lack of diligent prosecution.

Justice Inyang Ekwo, who delivered the ruling, said the case had suffered repeated adjournments without the appearance of legal representatives from Kanu’s side.

On the last adjourned date, the court noted that while the Federal Government was represented by counsel, no lawyer appeared for Mr. Kanu.

“When a party fails to take the necessary steps to prosecute a matter, and the court observes repeated absence despite ample opportunity, the court has no choice but to strike out the case,” Justice Ekwo ruled.

Neither Mr. Kanu nor his legal team nor representatives of the Federal Government were present when the matter was called on Thursday.

Mr. Kanu had filed the suit marked FHC/ABJ/CS/462/2022 against the Federal Republic of Nigeria and the Attorney-General of the Federation (AGF), alleging gross violations of his fundamental rights.

Central to the case were claims that he was abducted in Kenya and “extraordinarily renditioned” to Nigeria without due legal process to face trial.

The IPOB leader asked the court to determine whether his alleged abduction and forced return were consistent with Nigeria’s legal obligations under the African Charter on Human and Peoples’ Rights, particularly Article 12(4) and related provisions on counter-terrorism procedures.

He also challenged the legality of his ongoing trial, arguing that under Section 15 of the Extradition Act, he could not be tried for charges unrelated to the reasons for which he was allegedly renditioned.

In his originating summons, Mr. Kanu sought 11 declarative and injunctive reliefs, including an immediate release from custody, an order restraining the government from prosecuting him under the current criminal charge (FHC/ABJ/CR/383/2015), and a N50 billion compensation for general damages.

He also sought an additional N100 million as the cost of the action.

However, the Federal Government and the AGF, in a preliminary objection dated June 6 and filed on June 27, 2022, asked the court to dismiss the suit.

They argued that the case was an abuse of court process since a similar suit with matching facts—FHC/UM/CS/30/2022—was already before the Federal High Court in Umuahia.

“The plaintiff has duplicated the same matter in another court, where the same parties are involved. This amounts to an abuse of court process and robs this court of the jurisdiction to entertain this matter,” the Federal Government’s filing read.

At a previous hearing, Mr. Kanu’s then-lawyer, Aloy Ejimakor, informed the court of a pending change of legal representation, as he was stepping in for senior advocate Mike Ozekhome, SAN, who originally filed the suit on April 7, 2022.