In a significant development in the legal battle between the Nigerian government and the leader of the proscribed Indigenous People of Biafra (IPOB), Nnamdi Kanu, the Federal High Court in Abuja on Thursday struck out a N50 billion fundamental rights enforcement suit filed by the separatist leader. The case was dismissed due to what the court described as a lack of diligent prosecution.
Delivering the ruling, Justice Inyang Ekwo noted that neither the plaintiff nor the defendants were represented in court at the resumed hearing. He further observed that the IPOB leader’s legal team had repeatedly failed to appear in court, prompting the court to adjourn on at least three previous occasions. In light of this, the judge concluded that the suit could not proceed and subsequently struck it out.
The suit, filed in 2022 and marked FHC/ABJ/CS/462/2022, was brought against the Federal Republic of Nigeria and the Attorney-General of the Federation (AGF) as the 1st and 2nd defendants. Kanu, through his counsel, challenged what he termed the unlawful abduction and extraordinary rendition from Kenya to Nigeria, claiming it violated multiple human rights and international legal standards.
Nnamdi Kanu, who has faced prolonged legal battles, was arrested in June 2021 under controversial circumstances. After fleeing Nigeria in 2017 while on bail, Kanu was apprehended in Kenya by operatives of Nigeria’s intelligence agencies. His arrest, conducted without formal extradition proceedings, saw him brought back to Nigeria in what his legal team and international observers have referred to as an “extraordinary rendition.” Since his return, Kanu has been held in the custody of the Department of State Services (DSS) for nearly three years without bail.
In his suit, Kanu cited violations of Article 12(4) of the African Charter on Human and Peoples’ Rights, as domesticated in Nigerian law, and argued that the rendition process violated Part 5(a) of the African Charter’s counter-terrorism guidelines. He also referred to Section 15 of the Extradition Act, Cap E25, LFN 2004, insisting that he was being tried for offences outside the scope of what could have legally justified his forced return to Nigeria.
Among the 11 reliefs sought by Kanu were:
- An order declaring his abduction and continued detention unlawful,
- His immediate release from DSS custody,
- An injunction restraining the government from prosecuting him on charges unrelated to any valid extradition,
- And a compensation of N100 million for the alleged violation of his rights.
However, in a preliminary objection filed by the Federal Government on June 27, 2022, the AGF argued that Kanu had previously filed a similar suit at the Federal High Court in Umuahia, Abia State, with the same set of facts and parties (suit number FHC/UM/CS/30/2022). The government contended that the duplicity of suits amounted to an abuse of court process and robbed the Abuja court of the jurisdiction to hear the case.
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The matter was originally filed by Chief Mike Ozekhome, SAN, on April 7, 2022. However, during one of the hearings, another counsel, Aloy Ejimakor, informed the court that he had filed a notice of change of legal representation and would henceforth be handling the case.
Thursday’s ruling marks another setback for Kanu’s legal efforts to challenge his arrest and ongoing trial. With the suit now struck out, it remains unclear whether his legal team will refile the matter or pursue other avenues to seek redress.
