The federal high court in Abuja has struck out a fundamental rights suit filed by Nnamdi Kanu, leader of the proscribed Indigenous People of Biafra (IPOB), challenging his extradition from Kenya to Nigeria.
The suit marked FHC/ABJ/CS/462/2022 was filed against the federal government and the attorney-general of the federation (AGF) in 2022.
Kanu asked 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”.
He said his extradition violates 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.
Kanu also prayed the court to determine whether or not he can legally face trial in Nigeria after his forceful rendition.
He asked the court to order his release from the custody of the Department of State Services (DSS) and stop the government from continuing the trial in the criminal case marked FHC/ABJ/CR/383/2015.
He also sought compensation of N50 billion as damages and N100 million as litigation costs.
However, in a notice of preliminary objection filed on June 27, 2022, the federal government and the AGF asked the court to dismiss the suit, describing it as “an abuse of court process”.
They argued that Kanu had already filed a similar case before the federal high court in Umuahia, Abia state, marked FHC/UM/CS/30/2022, with the same parties involved.
When the case came up on Thursday, no lawyer showed up for either Kanu or the federal government.
Inyang Ekwo, the presiding judge, also pointed out that during the last hearing, Kanu had no legal representative, while the government was represented.
He also noted that the case had already been delayed three times for the same reason.
The judge struck out the case for lack of diligent prosecution, noting that there was no one in court to continue the matter.
