SAHARA REPORTERS
Proceedings on the N50 billion lawsuit filed at the Federal High Court sitting in Abuja, by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu, against the Nigerian government, were stalled on Monday by the absence of the presiding judge, Justice Inyang Ekwo.
The case which was scheduled for Monday, could not proceed because the judge was said to have been engaged in official duties at another court division, hence, it was adjourned to February 11, 2025.
Recall that the detained IPOB leader had filed a N50 billion suit against the Nigerian government and the Attorney-General of the Federation and Minister of Justice (AGF) over alleged violation of his fundamental rights.
Kanu had said that his rights were violated when he was kidnapped from Kenya and illegally extradited to Nigeria to face trial.
He asked the court to determine whether his abduction and extraordinary rendition from Kenya to Nigeria violated existing laws.
His legal team cited 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, as well as Article 5(a) of the African Charter’s Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa.
Also, Kanu requests the court to rule on whether, under Section 15 of the Extradition Act Cap E25, Laws of the Federation of Nigeria 2004, he can be lawfully tried for the offenses listed in counts 1 to 14 of the 15-count amended charge.
He argued that these charges are unrelated to the offences for which he was extradited to Nigeria.
In his originating summons, Kanu sought 11 reliefs, including an order for his release from the custody of the Department of State Services (DSS).
Kanu also requested an order barring the defendants from prosecuting him over criminal charge FHC/ABJ/CR/383/2015, which is currently before Justice Binta Nyako in a different court.
Furthermore, he asked the court to award him N100 million as the cost of the action.
However, in a preliminary objection filed on June 27, 2022, the federal government and AGF asked the court to dismiss the suit, arguing that it was an abuse of court process.
They pointed out that Kanu had previously filed a similar suit with the same facts in the Abia Division of the Federal High Court, under case number FHC/UM/CS/30/2022, with both the Nigerian government and AGF as defendants.
They contended that this duplication of cases rendered the suit an abuse of court process, depriving the court of jurisdiction to hear it.
Meanwhile, during a previous hearing of the suit marked: FHC/ABJ/CS/462/2022, Kanu’s Special Counsel, Barrister Aloy Ejimakor, informed the court that he had filed a notice of a change of counsel, taking over the case from Mike Ozekhome (SAN), who had initially filed the suit on April 7, 2022.
