By Kabiru Abdulrauf.
In a significant legal development, the Federal High Court in Abuja has struck out a N50 billion fundamental rights enforcement suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government.
Justice Inyang Ekwo dismissed the suit on the grounds of lack of diligent prosecution. At the time of the ruling, neither Kanu nor representatives from the Federal Government were present in court. The judge noted that the case had previously been adjourned three times due to non-appearance, with the government’s legal team attending only the most recent hearing, while Kanu’s legal representation failed to appear.
Kanu had filed the suit against the Federal Government and the Attorney-General of the Federation, alleging violations of his fundamental rights. Central to his claim were allegations that he was unlawfully abducted in Kenya and forcibly returned to Nigeria—a move he said contravened international human rights laws and Nigeria’s Extradition Act.
The IPOB leader asked the court to determine whether his rendition was lawful under the African Charter on Human and Peoples’ Rights and the Nigerian legal framework. He also sought 11 reliefs, including his release from the custody of the Department of State Services (DSS), a halt to further prosecution in an ongoing criminal trial, and N100 million in damages.
However, the Federal Government filed a preliminary objection, arguing that Kanu had initiated a similar case in the Federal High Court in Umuahia, making the Abuja suit an abuse of court process. They maintained that since both suits involved the same parties and similar facts, the Abuja court lacked the jurisdiction to proceed.
Kanu’s counsel, Aloy Ejimakor, had notified the court of a change in legal representation, stating he would be taking over the matter from Mike Ozekhome (SAN), but the case was ultimately dismissed.
This ruling marks another twist in Kanu’s ongoing legal battle, with broader implications for the highly sensitive political and legal debates surrounding his arrest and prosecution.
