By: Chioma Madonna Ndukwu
A Federal High Court in Abuja has thrown out a N50 billion human rights lawsuit filed by Nnamdi Kanu, the leader of the Indigenous People of Biafra (IPOB), over his 2021 arrest and return to Nigeria from Kenya.
Justice Inyang Ekwo delivered the ruling on Thursday, stating that the repeated absence of Kanu’s legal team showed that the case had been abandoned.
“For the past three sittings, no lawyer has appeared for the applicant,” the judge said. “This court cannot continue with a suit that has clearly been left unattended.”
Kanu had sued the Federal Republic of Nigeria and the Attorney-General of the Federation, alleging that his capture in Kenya and transfer to Nigeria was done without legal backing. He claimed the action violated both Nigerian law and international human rights agreements.
According to Kanu, “I was abducted, tortured, and brought back to Nigeria against my will, without any lawful extradition process. This act violates my rights under the African Charter.”
The case, marked FHC/ABJ/CS/462/2022, was initially filed by Senior Advocate of Nigeria, Chief Mike Ozekhome, and sought 11 different reliefs, including an order for Kanu’s release from DSS custody and N50 billion in damages for alleged human rights abuses.
Kanu also argued that the charges he faces in Nigeria differ from the reasons for which he was allegedly repatriated. He based his claims on Article 12(4) of the African Charter on Human and Peoples’ Rights and Section 15 of Nigeria’s Extradition Act.
His legal team later informed the court that a new lawyer, Aloy Ejimakor, had taken over the case, but still, no representation was made in court during the last three sittings.
In response to the suit, the Nigerian government asked the court to dismiss the case, calling it “an abuse of court process.”
They pointed out that Kanu had already filed a similar case in Umuahia (FHC/UM/CS/30/2022) involving the same claims.
Agreeing with the government’s argument, Justice Ekwo said, “The matter has suffered repeated delays due to the parties’ non-appearance. There’s no point continuing a case no one is pursuing.”
Kanu had also asked the court to stop his ongoing criminal trial in another case, FHC/ABJ/CR/383/2015, arguing that he should not be tried for charges that were not part of the alleged extradition.
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