The Federal High Court sitting in Abuja has delivered a significant ruling in the ongoing legal battles involving Nnamdi Kanu, the detained leader of the Indigenous People of Biafra (IPOB).
Justice Inyang Ekwo struck out Kanu's N50 billion lawsuit against the Federal Government on Thursday, citing repeated failures by both parties to appear in court for proceedings.
Court's Rationale for Dismissing the Case
When the matter was called for hearing, neither Nnamdi Kanu nor the Federal Government had legal representation present in court. Justice Ekwo noted that this was not an isolated incident but part of a pattern of non-appearance that had plagued the case through multiple adjournments.
The judge emphasized that "this case has taken three adjournments on account of non-representation" and declared that the court could not continue to indulge a matter that showed no diligence from the involved parties.
Justice Ekwo's ruling specifically highlighted that during the previous court sitting, counsel for the Federal Government had appeared, but no lawyer represented Kanu, creating an imbalance in the proceedings.
Background of Kanu's Legal Claims
Nnamdi Kanu had filed the lawsuit marked FHC/ABJ/CS/462/2022, accusing the Federal Government and the Attorney-General of the Federation of serious human rights violations.
In his substantive claims, Kanu alleged that he was abducted in Kenya and "extraordinarily renditioned" to Nigeria, arguing that these actions violated both African Charter provisions and Nigerian domestic laws.
The IPOB leader had asked the court to determine whether the manner of his arrest and transfer to Nigeria complied with existing legal frameworks. He also questioned whether he could be legally tried for offenses listed in the 15-count amended charge before Justice Binta Nyako.
Among the eleven reliefs sought, Kanu demanded his immediate release from DSS custody, an order restraining further prosecution, and N100 million in damages as the cost of pursuing the legal action.
Federal Government's Objection and Legal Strategy
The Federal Government had filed a preliminary objection dated June 6, 2022, urging the court to dismiss the suit entirely. Government lawyers presented a compelling argument that Kanu had filed a similar case at the Federal High Court in Umuahia with suit number FHC/UM/CS/30/2022.
According to the government's legal team, this duplication involved the same parties and substantially the same set of facts, constituting what they described as "an abuse of court process." They maintained that the existence of the parallel suit in Umuahia rendered the Abuja case incompetent and deprived the court of jurisdiction.
During earlier proceedings, the court had noted a change in legal representation for Kanu. Lawyer Aloy Ejimakor informed Justice Ekwo that he had filed a notice of change of counsel and would be taking over the case from senior advocate Chief Mike Ozekhome, who originally filed the suit on April 7, 2022.
Implications of the Court's Decision
The ruling means that Kanu's N50 billion rights-violation suit will not proceed unless a fresh action is filed with proper diligence in prosecution. However, it's important to note that this decision affects only the civil matter and leaves Kanu's criminal trial before Justice Binta Nyako completely unaffected.
This development adds to the growing list of legal outcomes in Kanu's complex battles with the Federal Government, which have included various rulings on appeals and rights-violation claims over recent years.
The case dismissal underscores the judicial system's insistence on procedural diligence and proper case management, even in matters involving high-profile defendants and substantial financial claims against the government.
