The Federal High Court in Abuja has dismissed a ₦50 billion fundamental rights lawsuit filed by Nnamdi Kanu, leader of the Indigenous People of Biafra (IPOB), against the Federal Government and the Attorney-General of the Federation. Delivering the ruling, Justice Inyang Ekwo struck out the case due to lack of diligent prosecution, noting that the suit had suffered three adjournments without representation from Kanu or his legal team.
“The suit is no longer sustainable,” Justice Ekwo declared, after observing that neither the plaintiff nor the defendants appeared when the case was called on Thursday. The matter, filed under suit number FHC/ABJ/CS/462/2022, centers around allegations that Kanu was abducted in Kenya and extraordinarily renditioned to Nigeria in violation of international and local laws.
Kanu had sought 11 reliefs, including:
- A declaration that his rendition from Kenya was illegal and unconstitutional.
- An order for his release from the Department of State Services (DSS) custody.
- An injunction halting his ongoing criminal prosecution in the separate case before Justice Binta Nyako (FHC/ABJ/CR/383/2015).
- ₦100 million in damages to cover the cost of the suit.
Kanu cited several legal provisions, including Article 12(4) of the African Charter on Human and Peoples’ Rights and Section 15 of Nigeria’s Extradition Act, arguing that he is being tried for charges unrelated to any extradition request or due process. However, the Federal Government objected to the suit, citing abuse of court process, as Kanu had already filed a similar lawsuit at the Federal High Court in Umuahia (FHC/UM/CS/30/2022), making the Abuja filing duplicative and invalid.
Complicating matters further was an internal change in Kanu’s legal representation. Mr. Aloy Ejimakor, during a previous appearance, notified the court of a motion to replace Chief Mike Ozekhome (SAN) as lead counsel. Ozekhome initially filed the suit on April 7, 2022, but no follow-up was made in recent months, contributing to the court’s decision to dismiss. This development could impact Kanu’s broader legal strategy and underscores the ongoing legal and procedural uncertainties surrounding his prolonged detention and trial.
