The ₦50 billion lawsuit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government was stalled on Monday due to the absence of Justice Inyang Ekwo of a Federal High Court in Abuja.
Justice Ekwo, who was on official assignment in another division, could not preside over the case. Consequently, the court adjourned the matter to February 11, 2025, for further mention.
Background of the Case
Kanu filed the suit, marked FHC/ABJ/CS/462/2022, against the Federal Republic of Nigeria and the Attorney-General of the Federation (AGF) as the 1st and 2nd defendants. He alleged violations of his fundamental rights, including claims that he was abducted in Kenya and subjected to extraordinary rendition to Nigeria.
The IPOB leader seeks the court’s determination on whether his abduction and rendition were consistent with Nigerian laws, citing the African Charter on Human and Peoples’ Rights and Nigeria’s Extradition Act.
Specifically, Kanu is asking the court to:
Declare his rendition illegal.
Order his release from the custody of the Department of State Services (DSS).
Restrain the Federal Government from prosecuting him on charges unrelated to the alleged rendition.
Award ₦100 million in damages for the alleged violations.
Change of Counsel
In an earlier proceeding, Kanu’s lawyer, Aloy Ejimakor, informed Justice Ekwo that he had filed a notice to take over the case from Chief Mike Ozekhome, SAN, who initially filed the suit on April 7, 2022.
Federal Government’s Objection
The Federal Government and AGF, in a preliminary objection dated June 6, 2022, have sought the dismissal of the suit, describing it as an “abuse of court process.”
They argue that a similar suit with identical facts was filed by Kanu at the Federal High Court in Umuahia, rendering the Abuja suit inadmissible.
According to their notice of objection, the existence of the Umuahia case deprives the Abuja court of jurisdiction to entertain the matter.
Legal and Political Implications
Kanu’s suit underscores ongoing legal battles and human rights concerns surrounding his detention and prosecution. The case has significant implications for Nigeria’s adherence to international human rights conventions, as well as its judicial processes in handling politically sensitive cases.
With the next hearing now set for February 2025, all eyes remain on the judiciary to address the legal and procedural complexities surrounding this high-profile case.