Justice Inyang Ekwo of the Federal High Court sitting in Abuja on Thursday struck out a N50 billion fundamental human rights suit filed by the detained leader of the Indigenous People of Biafra (IPOB), Nnamdi Kanu against the Federal Government for lack of diligent prosecution.
When the matter was called, neither Kanu nor the Federal Government was represented by any lawyer.
Justice Ekwo observed that at the last adjourned date, no lawyer was in court for the IPOB leader while the Federal Government was represented in court by a counsel.
The judge, who said that the case had taken three adjournments due to non-representation, consequently struck out the case for lack of diligent prosecution.
The IPOB leader had, in the suit marked, FHC/ABJ/CS/462/2022 sued the Federal Republic of Nigeria and the Attorney-General of the Federation (AGF) as 1st and 2nd defendants over allegations bordering on violation of his rights, alleging that, he was kidnapped from Kenya and brought back to Nigeria to stand trial.
Kanu prayed the court to determine, whether the way and manner in which he was abducted in Kenya and extraordinarily renditioned to Nigeria is consistent with extant laws.
He 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, he can be competently/legally tried for offences stated in counts 1 to 14 of the 15-count amended charge preferred against him.
The IPOB leader said the counts are not the offences for which he was surrendered or extraordinarily renditioned to Nigeria.
In the originating summons filed before the court, the IPOB leader seeks an order for his release from the custody of Department of State Services (DSS), an order restraining the defendants from taking any further step to prosecute him over criminal charge No: FHC/ABJ/CR/383/2015, currently pending before a sister court presided over by Justice Binta Nyako, now before Justice James Omotosho after Justice Binta withdrew from the case.
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 filed on 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 a Federal High Court, Umuahia Division in suit number: FHC/UM/CS/30/2022.
The defendants further argued that they were parties in the suit, a development they said, rendered Kanu’s suit filed before a Federal High Court, Abuja an abuse of court process.
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