The Federal High Court in Abuja has struck out a ₦50 billion lawsuit filed by Nnamdi Kanu, the detained leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government of Nigeria. Justice Inyang Ekwo gave the ruling on Thursday, citing a lack of diligent prosecution as the reason for the court’s decision.
The case, which was marked FHC/ABJ/CS/462/2022, had been scheduled for hearing, but when it was called, neither Kanu’s legal team nor representatives of the Federal Government were present in court. This absence of legal representation on both sides led the judge to strike out the case.
Justice Ekwo noted that the matter had already suffered three adjournments due to the absence of the plaintiff’s legal counsel in previous sittings. While the Federal Government had shown up at the last court date, Kanu’s team had repeatedly failed to appear. The judge said the court could no longer entertain a matter that showed no serious attempt at prosecution.
Nnamdi Kanu had filed the suit against the Federal Republic of Nigeria and the Attorney-General of the Federation (AGF) as the first and second defendants. In his suit, Kanu alleged that he was kidnapped in Kenya and illegally brought back to Nigeria to face trial.
He claimed this act violated several national and international laws, including provisions of the African Charter on Human and Peoples’ Rights. Kanu argued that his arrest and transfer back to Nigeria, commonly referred to as “extraordinary rendition,” were not done in accordance with due legal processes.
Specifically, he cited Article 12(4) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, as well as other guidelines on human rights protections while countering terrorism in Africa. He maintained that the manner in which he was brought back to Nigeria breached these provisions.
The IPOB leader further asked the court to determine whether, under Section 15 of Nigeria’s Extradition Act, he could legally be tried for charges that were not the reason for which he was extradited or renditioned. According to him, the 14 counts in the criminal charge currently before Justice Binta Nyako of the Federal High Court in Abuja were not part of the original grounds of extradition.
In the suit, Kanu sought 11 reliefs from the court. Among these was a demand for an immediate release from the custody of the Department of State Services (DSS), where he has been held since his re-arrest in 2021.
He also sought a court order stopping the Federal Government from continuing with his prosecution under the pending criminal case marked FHC/ABJ/CR/383/2015. The case is currently being handled by another judge, Justice Binta Nyako.
In addition, Kanu asked for compensation in the sum of ₦100 million as the cost of filing the case. Most notably, he demanded ₦50 billion in damages for what he described as gross violation of his fundamental human rights.
In response to the lawsuit, the Federal Government and the AGF filed a preliminary objection. Dated June 6, 2022, and filed on June 27, 2022, the objection described Kanu’s case as “an abuse of court process.” The government argued that Kanu had already filed a similar case in the Federal High Court in Umuahia, Abia State, which covered the same issues and involved the same parties.
That earlier case was marked FHC/UM/CS/30/2022. The FG’s legal team argued that filing two separate cases on the same subject was not only improper but also deprived the Abuja court of the jurisdiction to entertain the matter.
As such, they urged the court to dismiss Kanu’s case outright, rather than entertain it further. Although the court did not rule on the merit of the arguments in the preliminary objection, the consistent absence of Kanu’s legal representatives gave the judge reason to strike out the case.
Earlier in the proceedings, a change of legal representation was brought to the court’s attention. Nnamdi Kanu’s lawyer, Aloy Ejimakor, had informed the court that he had filed a notice to take over the case from Chief Mike Ozekhome, SAN, who had originally filed the suit on April 7, 2022.
This change may have contributed to the delay and confusion in representation, but the court ultimately decided that the continued absence of counsel on the plaintiff’s side demonstrated a lack of seriousness in pursuing the case.
Nnamdi Kanu has been at the center of one of Nigeria’s most high-profile legal battles in recent years. As the leader of IPOB, a group advocating for the independence of Biafra from Nigeria, Kanu has long clashed with the Nigerian government.
The group was declared a terrorist organisation by the Federal Government in 2017. Kanu was initially arrested in 2015 and later granted bail, but he fled the country in 2017 while still facing trial. He resurfaced in 2021, when he was reportedly arrested in Kenya and brought back to Nigeria under controversial circumstances.
His re-arrest and rendition sparked debates among legal experts and human rights activists, many of whom questioned the legality of the operation. While the Federal Government has maintained that it followed due process, Kanu’s legal team has continued to argue that his rights were violated.
With the court striking out this ₦50 billion suit, it remains to be seen whether Kanu’s legal team will refile the case or focus on the pending criminal charges he faces. His ongoing trial before Justice Binta Nyako involves terrorism-related allegations, which he has denied.
Observers are also watching closely to see if any new legal strategies will emerge from his defense team as the case continues to attract public interest both in Nigeria and internationally.
