Absence Of Justice Ekwo Stalls ₦50 Billion Nnamdi Kanu Suit Against FG

The absence of Justice Inyang Ekwo of the Federal High Court in Abuja on Monday stalled the hearing of a ₦50 billion suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), against the Federal Government.

The matter, which was scheduled for hearing, could not proceed as Justice Ekwo was reportedly on official engagement in another division of the court. The case has been adjourned to February 11, 2025, for further mention.

Kanu’s lawyer, Aloy Ejimakor, informed the court during a previous proceeding that he had filed a notice of change of counsel, taking over the case from Chief Mike Ozekhome, SAN, who initiated the suit on April 7, 2022.

Kanu is suing the Federal Republic of Nigeria and the Attorney-General of the Federation (AGF) for allegedly violating his rights, citing his alleged abduction in Kenya and extraordinary rendition to Nigeria to face trial.

He wants the court to determine whether his rendition was consistent with Nigerian laws and international legal instruments, including Article 12 (4) of the African Charter on Human and Peoples’ Rights and Section 15 of Nigeria’s Extradition Act.

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 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.”

Kanu also wants 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 competently/legally tried for offences stated in counts 1 to 14 of the 15-count amended charge.

He said the counts “are not the offences for which he was surrendered or extraordinarily renditioned to Nigeria”.

In the originating summons, the IPOB leader 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”.

The Federal Government, through a preliminary objection filed in June 2022, urged the court to dismiss the suit, describing it as “an abuse of court process.”

They argued that Kanu had filed a similar case with identical facts at the Federal High Court in Umuahia, rendering the Abuja suit redundant. The defendants contended that the duplication of suits deprived the court of jurisdiction of hearing the matter.

Kanu has been at the centre of legal and political controversies following his arrest and trial on charges of terrorism and treasonable felony.

His legal team argues that his rendition from Kenya violated international and domestic laws, sparking debates over the legality of his trial and detention.