Why the Court Rejected Nnamdi Kanu's Rights Suit Against the FG

Nnamdi Kanu, the leader of the outlawed Indigenous People of Biafra (IPOB), sued the Federal Government for N50 billion, but Justice Inyang Ekwo of the Federal High Court Abuja dismissed the case.

Justice Ekwo ruled that the claim was dismissed due to insufficient diligence in its prosecution.

Kanu and the Federal Government were not in court at the hearing. Justice Ekwo pointed out that the matter had been postponed three times because of a lack of representation; on the most recent occasion, the Federal Government's legal team was present, but Kanu had no attorney. The judge decided that the claim should be dismissed as a result.

Kanu had filed a lawsuit against the Attorney General of the Federation and the Federal Government.

He filed a lawsuit against the defendants, claiming that they had violated his rights and that he had been abducted from Kenya and taken to Nigeria to stand trial.

"Whether the manner in which he was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws" is what he wants the court to decide.

He specifically referenced "the principles and guidelines on human and peoples' rights while countering terrorism in Africa" found in 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.

Kanu further requests that the court decide "whether the plaintiff can be competently/legally tried for offences stated in counts 1 to 14 of the 15-count amended charge by operation of Section 15 of the Extradition Act Cap E25, Laws of the Federation of Nigeria 2004."

According to him, the counts "do not relate to the offenses for which he was turned over or extrajudicially deported to Nigeria."

The IPOB leader is requesting 11 reliefs in the original summons, one of which is an order to release him from the custody of the Department of State Services (DSS).

In addition, he is requesting an injunction prohibiting the defendants from pursuing any further legal action against him in connection with a criminal charge that is presently ongoing before a sister court that is chaired by Justice Binta Nyako.

Additionally, Kanu requested that the court provide him N100 million "as the cost of this action."

The Federal Government and AGF, however, requested that the court reject the lawsuit in a notice of preliminary objection dated June 6, 2022, but submitted June 27, 2022, calling it "an abuse of court process."

The defendants' first point of contention was that Kanu had already brought a lawsuit with comparable circumstances before the Umuahia Division of the Federal High Court.

The two defendants, they added, were parties to the lawsuit.

The defendants contend that this makes the lawsuit an abuse of the legal system, depriving the court of the authority to consider the case at hand.

During one of the proceedings, Aloy Ejimakor informed Justice Ekwo that he had submitted a notice requesting a change of counsel.

Mike Ozekhome, SAN, filed the lawsuit on April 7, 2022, and Ejimakor informed the court that he would be taking over the case.