A 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 of Nigeria.
Justice Inyang Ekwo, who presided over the case, dismissed the suit on Thursday, April 10, citing a lack of diligent prosecution. The court noted that neither Kanu nor the government had legal representation present during the hearing.
The case was previously adjourned multiple times. At the last hearing, only the federal government had a lawyer present; no counsel appeared on behalf of Kanu. The judge emphasized that “the suit had taken three different adjournments because of a lack of representation,” which ultimately led to its dismissal. The matter was filed under suit number FHC/ABJ/CS/462/2022, with the Federal Republic of Nigeria and the Attorney General of the Federation listed as the first and second defendants.
Kanu brought the lawsuit after alleging he was unlawfully taken from Kenya and transported to Nigeria to face trial. His legal team argued that the circumstances of his return violated multiple human rights provisions.
He specifically referenced “the provisions of Article 12 (4) of the African Charter on human and peoples rights (ratification and enforcement) Act Cap A9 laws of the Federation of Nigeria, 2004, and Article/Part 5 (a) of the African Charter’s principles and guidelines on human and peoples’ rights while countering terrorism in Africa” in his claims.
The IPOB leader also asked the court to decide “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.”
