The Federal High Court in Abuja has dismissed a N50 billion lawsuit filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), against the Federal Government due to lack of diligent prosecution.
Justice Inyang Ekwo ruled that the suit was no longer sustainable after neither Kanu nor his representatives appeared in court for the hearing, marking the third adjournment due to no representation.
Persecondnews reports that when the case was called on Thursday, neither Kanu nor the Federal Government was represented by any lawyer.
The judge observed that on the last adjourned date, while no lawyer represented the IPOB leader, the Federal Government was represented by counsel.
Following the adjournment of the case for three times for lack of representation, the judge consequently decided to dismiss it.
Persecondnews reported that Kanu had sued the Federal Republic of Nigeria and the Attorney-General of the Federation as 1st and 2nd defendants in the suit marked: FHC/ABJ/CS/462/2022.
He claimed that he was kidnapped from Kenya and brought back to Nigeria to face trial, which he argued violated his rights.
He is asking the court to decide whether the way and manner in which the plaintif was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws.
He specifically 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 initial court filing, the IPOB leader is seeking 11 reliefs, including an order for his release from Department of State Services’ (DSS) custody.
He wants the court to stop the defendants from continuing to prosecute him on criminal charge no: FHC/ABJ/CR/383/2015, currently pending before a sister court presided over by Justice Binta Nyako.
In addition, Kanu is requesting the court to order the defendants to pay him N100 million to cover the costs of this lawsuit.
The Federal Government and the AGF filed a notice of preliminary objection on June 27, 2022, asking the court to dismiss Kanu’s suit.
The defendants claimed that his lawsuit is an abuse of court process because he had previously filed a similar case at the Federal High Court in Umuahia, with the same parties involved.
This earlier suit, marked as FHC/UM/CS/30/2022, renders the current case invalid, as the defendants argue that the court lacks jurisdiction to hear a duplicate case.
Persecondnews recalls that Mr. Aloy Ejimakor had, in one of the proceedings, told Justice Ekwo that he had filed a notice for a change of counsel.
Ejimakor informed the court that he would be taking over Nnamdi Kanu’s case from Chief Mike Ozekhome (SAN), who initially filed the N50 billion lawsuit against the Federal Government on April 7, 2022.
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