By John Umeh
The Federal High Court in Abuja has dismissed Nnamdi Kanu’s N50 billion fundamental rights enforcement suit against the Federal Government.
On Thursday, April 10, Justice Inyang Ekwo ruled that the case be struck out due to a lack of diligent prosecution. Neither Kanu nor any of his legal representatives were present in court when the matter was called.
The judge highlighted that Kanu had no legal representation at a previous hearing, although the Federal Government had counsel present. After several adjournments with no significant progress, the judge concluded that the case had not been properly followed up, leading to its dismissal.
Kanu had filed the suit (FHC/ABJ/CS/462/2022) against the Federal Republic of Nigeria and the Attorney General of the Federation, claiming that his arrest and extradition from Kenya were unlawful and infringed upon his fundamental rights.
Kanu’s legal argument centered on whether his abduction and extraordinary rendition violated Nigeria’s obligations under international law, including the African Charter on Human and Peoples’ Rights and the Extradition Act.
Among the reliefs Kanu sought were his immediate release from DSS custody, a halt to his ongoing criminal trial, and N100 million in compensation for legal expenses.
In June 2022, the Federal Government filed a preliminary objection, arguing that Kanu had already filed a similar suit in the Federal High Court in Umuahia, with identical parties and issues. They contended that this precluded the Abuja court from hearing the case.
During the proceedings, Kanu’s lawyer, Aloy Ejimakor, notified the court that he had taken over the case from Chief Mike Ozekhome (SAN), who initially filed the suit in April 2022.
With Thursday’s ruling, Kanu’s N50 billion suit has been dismissed, marking a setback in his legal battle against the Nigerian government.
