The Federal High Court sitting in Abuja on Thursday struck out a N50bn fundamental human rights suit filed by the leader of the Indigenous People of Biafra, Nnamdi Kanu, to challenge his arrest and repatriation from Kenya in 2021.
The case, filed against the Federal Government, was struck out due to the repeated absence of the applicant’s (Kanu’s) counsel.
Chief Mike Ozekhome (SAN) had filed the suit on behalf of Kanu, seeking 11 reliefs.
Subsequently, Kanu’s lawyer, Aloy Ejimakor, informed the court that he had filed a notice to take over from Ozekhome, who originally initiated the case on April 7, 2022.
Kanu sued the respondents—the Federal Republic of Nigeria and the Attorney-General of the Federation—in a suit marked FHC/ABJ/CS/462/2022, alleging a violation of his rights.
In the suit, Kanu claimed he was abducted in Kenya and illegally brought back to Nigeria.
He urged the court to decide whether the manner of his abduction in Kenya and extraordinary rendition to Nigeria was consistent with extant laws.
Kanu cited provisions of Article 12(4) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act Cap A9, Laws of the Federation of Nigeria, 2004, and Article/Part 5(a) of the African Charter’s principles and guidelines on human and peoples’ rights while countering terrorism in Africa.
He further requested the court to determine whether, under Section 15 of the Extradition Act Cap E25, Laws of the Federation of Nigeria, 2004, he could be legally tried for offences stated in counts one to 14 of the 15 amended charges, which he argued were different from the charges for which he was extradited.
Kanu sought an order for his release from the custody of the Department of State Services and an injunction restraining the government from continuing his trial in his ongoing criminal case marked FHC/ABJ/CR/383/2015.
He also demanded N50bn as compensation for the violation of his rights.
However, in a preliminary objection filed on June 27, 2022, the Federal Government and the Attorney-General of the Federation asked the court to dismiss the suit, describing it as “an abuse of court process.”
They argued that Kanu had already filed a similar case before the Federal High Court in Umuahia, marked FHC/UM/CS/30/2022, involving the same parties, and that the Abuja court should not hear the matter again.
At the resumed sitting, Justice Inyang Ekwo ruled to strike out the case, citing the lack of proper follow-up.
When the case was called, no lawyer appeared for either Kanu or the Federal Government.
Justice Ekwo noted that at the previous hearing, Kanu had no legal representative, while the government was not represented.
He further observed that the case had been delayed three times for the same reason.
In the absence of representation from both parties, the judge decided to strike out the case.
