Court strikes out Nnamdi Kanu’s N50 billion suit against Nigerian government

The Federal High Court in Abuja has struck out a N50 billion fundamental rights enforcement suit filed by Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government.

Justice Inyang Ekwo delivered the ruling on Thursday, April 10, dismissing the case for lack of diligent prosecution. When the matter was called, neither Kanu nor legal representatives from either side were present in court.

Justice Ekwo noted that at the previous hearing, there was no representation for Kanu, although the Federal Government had a lawyer present. Citing repeated adjournments without progress, the judge concluded that the suit lacked diligent follow-up and accordingly struck it out.

In the suit marked FHC/ABJ/CS/462/2022, Kanu had sued the Federal Republic of Nigeria and the Attorney General of the Federation as first and second defendants, respectively. He alleged that his arrest and return to Nigeria from Kenya constituted an unlawful rendition and a violation of his fundamental rights.

Kanu’s legal argument centered on whether his abduction and extraordinary rendition were in line with Nigeria’s obligations under international law—particularly Article 12(4) of the African Charter on Human and Peoples’ Rights, and Section 15 of the Extradition Act, Cap E25, Laws of the Federation of Nigeria 2004.

He also argued that the charges against him—counts 1 to 14 in an amended 15-count indictment—were not the same offenses for which he was allegedly surrendered or renditioned to Nigeria.

Among the 11 reliefs sought, Kanu requested:
    •    His immediate release from the custody of the Department of State Services (DSS)
    •    An order stopping further prosecution in the ongoing criminal trial (FHC/ABJ/CR/383/2015)
    •    A compensation of N100 million as costs for the suit

However, the Federal Government, in a preliminary objection filed in June 2022, asked the court to dismiss the suit, describing it as an abuse of court process. They argued that Kanu had already filed a similar suit at the Federal High Court in Umuahia (FHC/UM/CS/30/2022), with the same parties and facts.

The government maintained that the existence of the earlier suit robbed the Abuja court of jurisdiction to entertain the current case.

During one of the hearings, Kanu’s lawyer, Aloy Ejimakor, informed the court that he had filed a notice to take over the case from Chief Mike Ozekhome (SAN), who initially filed the suit in April 2022.

With Thursday’s ruling, the N50 billion suit has now been officially struck out, marking a setback in Kanu’s legal battle against the Nigerian government.