Abuja, Nigeria – The Federal High Court in Abuja, presided over by Justice Inyang Ekwo, has officially struck out a N50 billion fundamental rights suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government and the Attorney-General of the Federation (AGF).
The court’s decision was based on lack of diligent prosecution, as neither Kanu nor his legal representatives were present during multiple scheduled hearings.
⚖️ Background of the Case
The suit, originally filed on April 7, 2022, alleged violations of Kanu’s human rights. He claimed he was abducted from Kenya and illegally renditioned to Nigeria, bypassing proper legal procedures. His legal team argued that this action contravened both Nigerian law and international charters on human rights.
Among the legal points raised, Kanu referenced:
- Article 12(4) of the African Charter on Human and Peoples’ Rights
- Part 5(a) of the African Charter’s guidelines on counter-terrorism
- Section 15 of the Extradition Act Cap E25, LFN 2004
He questioned whether the offences listed in the 15-count amended criminal charge were consistent with the legal basis of his rendition.
🧾 Reliefs Sought by Kanu
In the originating summons, Kanu sought 11 reliefs, including:
- A declaration that his detention was illegal
- An order for immediate release from DSS custody
- An injunction restraining further prosecution over the current criminal charges
- A compensation claim of N100 million for the alleged violation of his rights
⚖️ Court’s Decision and Proceedings
During the latest hearing, the court noted that no legal representation appeared for Kanu, despite multiple adjournments. While the Federal Government’s legal team showed up on the previous occasion, Kanu’s legal team was absent again, prompting Justice Ekwo to strike out the suit.
The judge emphasized that the matter had been adjourned three times without any appearance from Kanu’s side, thereby lacking the diligence required for continuation.
⚖️ Federal Government’s Objection
The Federal Government and AGF had earlier filed a notice of preliminary objection arguing that the suit was an abuse of court process. They pointed out that a similar suit had been filed by Kanu at the Federal High Court in Umuahia, involving the same parties and facts.
This, they argued, deprived the Abuja court of jurisdiction to entertain the case.
⚖️ Change of Legal Counsel
At a prior proceeding, Aloy Ejimakor informed the court of a formal change in legal representation, indicating he would be taking over from Senior Advocate of Nigeria (SAN), Mike Ozekhome, who initially filed the suit.
✅ Summary
- Nnamdi Kanu’s N50bn suit against the FG was struck out
- Reason: Repeated absence of his legal counsel in court
- Kanu alleged illegal rendition and human rights violations
- Federal Government claimed the suit duplicated an earlier case
- The case was ruled an abuse of court process
