Court dismisses Nnamdi Kanu’s N50bn suit filed by Ozekhome against Nigerian govt

The Federal High Court in Abuja dismissed a N50 billion lawsuit filed by Nnamdi Kanu, the leader of the banned Indigenous People of Biafra (IPOB), against the Nigerian government on Thursday.

Justice Inyang Ekwo ruled that the suit was struck out due to a lack of diligent prosecution.

When the case was called, neither Kanu nor any representative from the Federal Government attended the hearing. Justice Ekwo noted that during the previous adjournment, while no counsel was present for the IPOB leader, a representative from the Federal Government was in attendance. He highlighted that the case had been delayed three times due to this absence and decided to dismiss the lawsuit as a result.

Kanu had filed the suit against the Federal Republic of Nigeria and the Attorney-General of the Federation (AGF), as the first and second defendants, respectively. The case was registered under the number FHC/ABJ/CS/462/2022.

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The IPOB leader accused the government of violating his rights, claiming that he was abducted from Kenya and unlawfully brought to Nigeria to face trial. He sought the court’s opinion on whether his extraordinary rendition was consistent with Nigerian and international law.

Kanu’s suit invoked provisions of the African Charter on Human and Peoples’ Rights, as well as the Nigerian Extradition Act, questioning the legality of the charges against him. He demanded a ruling on whether he could be tried for the offenses listed in a 15-count amended charge, arguing that those charges did not relate to the reason for his rendition to Nigeria.

In his originating summons, Kanu sought 11 reliefs, including an order for his release from the custody of the Department of State Services (DSS). He also requested an injunction to prevent the defendants from pursuing his prosecution on the existing charges and sought N100 million in damages for the alleged violation of his rights.

The Federal Government, represented by the AGF, responded with a notice of preliminary objection, urging the court to dismiss the case. The defendants argued that the suit duplicated an earlier one filed in the Federal High Court, Umuahia Division, and therefore amounted to an abuse of the court process.

At a previous hearing, Kanu’s lawyer, Aloy Ejimakor, informed the court that he had filed a notice for a change of counsel.

Ejimakor told the court that he would be taking over the case from Chief Mike Ozekhome, who filed the suit on April 7, 2022..