The N50 billion suit filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Federal Government suffered a setback before a Federal High Court, Abuja, as the hearing was stalled on Monday following the absence of the trial judge, Justice Inyang Ekwo.
The matter, which was fixed for hearing, could not proceed because Justice Ekwo was said to be sitting in another division of the court, and a new date of February 11, 2025, was fixed for further mention.
Kanu’s special counsel, Aloy Ejimakor, took over the case from Chief Mike Ozekhome, SAN, who filed the suit on April 7, 2022.
The IPOB leader had sued the Federal Republic of Nigeria and the Attorney-General of the Federation (AGF) as 1st and 2nd defendants in the suit marked: FHC/ABJ/CS/462/2022 over allegations bordering on violation of his rights, alleging that he was kidnapped from Kenya and brought back to Nigeria to stand trial.
He wants the court to determine “whether the way and manner in which the plaintiff was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws.”.
Kanu wants the court to determine “whether by the operation of Section 15 of the Extradition Act Cap E25, Laws of the Federation of Nigeria 2004, the plaintiff can be competently/legally tried for offences stated in counts 1 to 14 of the 15-count amended charge.”
He said the counts “are not the offences for which he was surrendered or extraordinarily renditioned to Nigeria.”.
In the originating summons, the IPOB leader is seeking 11 reliefs, including an order for his release from the Department of State Services (DSS)’ custody, an order restraining the defendants from taking any further step to prosecute him over criminal charge no. FHC/ABJ/CR/383/2015, before Justice Binta Nyako.
Kanu also asked the court to award the sum of N100 million to him “as the cost of this action.”.
But in a notice of preliminary objection dated June 6, 2022, but filed June 27, 2022, the Federal Government and AGF prayed the court to dismiss the suit, describing it as “an abuse of court process.”.
The defendants argued that Kanu had filed an earlier suit with similar facts before a Federal High Court, Umuahia Division, in suit number: FHC/UM/CS/30/2022, and further argued that the two defendants were parties in the suit.
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