The N50 billion suit filed by the embattled leader of the Indigenous People of Biafra, IPOB, Mazi Nnamdi Kanu against the Federal Government, was stalled on Monday, November 25, following the absence of Justice Inyang Ekwo at the Abuja Federal High Court.
The case, which was fixed for Monday, could not proceed because Justice Ekwo was on official engagement in another division of the court.
The case was subsequently slated for February 11, 2025, for further mention.
Kanu’s lawyer, Aloy Ejimakor, at one of the earlier proceedings, had told Justice Ekwo that he had filed a notice for a change of counsel.
Ejimakor informed the court that he would be taking over the case from Chief Mike Ozekhome, SAN, who filed the suit on April 7, 2022.
Recall that 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.
Kanu, who sued the defendants over allegations bordering on violation of his rights, alleged 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.
Particularly, he cited “the provisions of Article 12 (4) of the African Charter on human and people’s 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”.
The IPOB leader also urged 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 competent/legally tried for offences stated in counts 1 to 14 of the 15-count amended charge.
According to him, the counts are not the offences for which he was surrendered or extraordinarily renditioned to Nigeria.
In the originating summons, Kanu is seeking 11 reliefs, including an order for his release from the Department of State Services (DSS)’ custody.
He is also seeking an order restraining the defendants from taking any further steps to prosecute him over criminal charge no: FHC/ABJ/CR/383/2015, currently pending before a sister court presided over by 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, and filed June 27, 2022, the Federal Government and the 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 the Federal High Court, Umuahia Division, with suit number: FHC/UM/CS/30/2022.
They further argued that the two defendants were parties in the suit.
