Court dismisses Nnamdi Kanu’s N50bn suit

The Federal High Court in Abuja on Thursday struck out a N50 billion lawsuit filed by Nnamdi Kanu, the leader of the proscribed Indigenous People of Biafra, IPOB, against the Federal Government.

Justice Inyang Ekwo delivered the ruling, citing a lack of diligent prosecution of the case.

Kanu had filed the suit against the Federal Republic of Nigeria and the Attorney-General of the Federation  in 2022, claiming that his rights had been violated, particularly with respect to his alleged abduction from Kenya and extraordinary rendition to Nigeria.

He sought to have the court determine whether his abduction was in violation of both Nigerian and international laws, specifically the African Charter on Human and Peoples’ Rights.

The IPOB leader’s claims included an assertion that his rendition violated the provisions of the African Charter and the Extradition Act of Nigeria.

In his originating summons, Kanu sought several reliefs, including an order for his release from the custody of the Department of State Services, DSS, and a ruling preventing the government from prosecuting him on charges related to his alleged activities.

Kanu also demanded N100 million in damages for what he called the unlawful violation of his rights.

However, on Thursday, neither Kanu nor the federal government was represented by legal counsel in court. Justice Ekwo, who noted that the case had already been adjourned three times due to the absence of legal representation, expressed frustration with the lack of diligence in prosecuting the case.

READ ALSO: Kanu’s trial to begin anew on March 21

The judge remarked that although no lawyer appeared on behalf of Kanu, the federal government was represented in a previous hearing, and the failure to show up for the third time led to the court’s decision to strike out the suit.

The federal government had previously filed a preliminary objection, arguing that the suit filed by Kanu was an abuse of court process. They pointed out that Kanu had filed a similar suit in the Federal High Court, Umuahia Division (Suit No. FHC/UM/CS/30/2022), which involved the same defendants and raised similar issues.

They further argued that this made the current suit unnecessary and improper, as it deprived the court of jurisdiction to hear the case.

Kanu’s legal team had previously informed the court that a change of counsel had been made, with Aloy Ejimakor taking over from Chief Mike Ozekhome, SAN, who had originally filed the suit in April 2022.

Despite the change in counsel, the case proceeded without representation for Kanu, which ultimately led to the court striking out the matter.

The ruling brings an end to the N50 billion lawsuit, leaving Kanu’s claims unresolved in the context of this particular suit. However, legal experts suggest that Kanu may still pursue other legal avenues, including possible appeals, as his ongoing trial in other matters continues.

In the meantime, Kanu remains in the custody of the DSS, awaiting the resolution of other criminal charges, including those related to terrorism and the activities of IPOB.

NAN