OTOKHAGUA Emmanuel

2025-04-10 17:18:14 - Translate

Court Throws Out Nnamdi Kanu’s N50 Billion Rights Violation Lawsuit Against Federal Government

The Federal High Court in Abuja has dismissed a N50 billion lawsuit initiated by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government, citing lack of diligent prosecution.

In the ruling delivered on Thursday, Justice Inyang Ekwo struck out the case after noting the repeated absence of legal representation from both sides. When the case was called, no lawyers appeared for either Kanu or the Federal Government. The judge pointed out that during the last sitting, only the government was represented in court.

Justice Ekwo emphasized that the case had already experienced three adjournments due to non-appearance of counsel, prompting the court to discontinue the matter.

Kanu had filed the suit—marked FHC/ABJ/CS/462/2022—against the Federal Republic of Nigeria and the Attorney-General of the Federation, accusing them of violating his fundamental rights. He claimed he was unlawfully abducted in Kenya and forcibly returned to Nigeria to face trial.

Among the legal questions he posed was whether his arrest and transfer from Kenya complied with existing Nigerian and international laws, including Article 12(4) of the African Charter on Human and Peoples’ Rights and Article 5(a) of the Charter’s anti-terrorism guidelines.

Kanu also questioned whether, under Section 15 of Nigeria’s Extradition Act, he could legally be tried for charges not covered in any formal extradition process. The 15-count amended charge he is facing includes 14 counts he argues were not part of the reasons for his rendition.

He sought 11 specific reliefs from the court, including an order for his immediate release from the custody of the Department of State Services (DSS), and an injunction stopping the government from continuing with his criminal prosecution in another Federal High Court case, FHC/ABJ/CR/383/2015, currently before Justice Binta Nyako.

Kanu also demanded N100 million in damages to cover the cost of the suit.

However, in a preliminary objection dated June 6, 2022, and filed on June 27, the Federal Government and the Attorney-General asked the court to throw out the case, describing it as a duplication of a similar suit already pending before the Federal High Court in Umuahia (FHC/UM/CS/30/2022). They argued that this made the current case an abuse of court process, thereby stripping the Abuja court of jurisdiction.

During earlier proceedings, Kanu’s lawyer, Aloy Ejimakor, informed the court of a change in legal representation, stating he was taking over the case from senior advocate Mike Ozekhome, who had originally filed the suit in April 2022.

Court Throws Out Nnamdi Kanu’s N50 Billion Rights Violation Lawsuit Against Federal Government The Federal High Court in Abuja has dismissed a N50 billion lawsuit initiated by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government, citing lack of diligent prosecution. In the ruling delivered on Thursday, Justice Inyang Ekwo struck out the case after noting the repeated absence of legal representation from both sides. When the case was called, no lawyers appeared for either Kanu or the Federal Government. The judge pointed out that during the last sitting, only the government was represented in court. Justice Ekwo emphasized that the case had already experienced three adjournments due to non-appearance of counsel, prompting the court to discontinue the matter. Kanu had filed the suit—marked FHC/ABJ/CS/462/2022—against the Federal Republic of Nigeria and the Attorney-General of the Federation, accusing them of violating his fundamental rights. He claimed he was unlawfully abducted in Kenya and forcibly returned to Nigeria to face trial. Among the legal questions he posed was whether his arrest and transfer from Kenya complied with existing Nigerian and international laws, including Article 12(4) of the African Charter on Human and Peoples’ Rights and Article 5(a) of the Charter’s anti-terrorism guidelines. Kanu also questioned whether, under Section 15 of Nigeria’s Extradition Act, he could legally be tried for charges not covered in any formal extradition process. The 15-count amended charge he is facing includes 14 counts he argues were not part of the reasons for his rendition. He sought 11 specific reliefs from the court, including an order for his immediate release from the custody of the Department of State Services (DSS), and an injunction stopping the government from continuing with his criminal prosecution in another Federal High Court case, FHC/ABJ/CR/383/2015, currently before Justice Binta Nyako. Kanu also demanded N100 million in damages to cover the cost of the suit. However, in a preliminary objection dated June 6, 2022, and filed on June 27, the Federal Government and the Attorney-General asked the court to throw out the case, describing it as a duplication of a similar suit already pending before the Federal High Court in Umuahia (FHC/UM/CS/30/2022). They argued that this made the current case an abuse of court process, thereby stripping the Abuja court of jurisdiction. During earlier proceedings, Kanu’s lawyer, Aloy Ejimakor, informed the court of a change in legal representation, stating he was taking over the case from senior advocate Mike Ozekhome, who had originally filed the suit in April 2022.

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